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(영문) 부산고등법원 2017.04.20 2016노706

상해치사

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misapprehension of the legal principles as indicated in the facts of the crime in the judgment of the court below, Defendant 1 took each statement at the investigation agency of D with no credibility and the statement in the letter prepared D in the court of the court below, thereby causing the death of Defendant on the grounds of the same circumstance as the above facts of the crime, in which Defendant 1 got the two legs of the victim by putting the victim into the shoulder and pushed the victim back by shouldering the victim by the shoulder (the term “heat” as the term “heat”).

The judgment of the court below is erroneous in the misapprehension of legal principles as to the crime of death or injury, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. On May 23, 2015, the Defendant conspired with D and E on May 23, 2015, the Defendant: around 04:40, the Defendant was under the influence of alcohol on the road located in Busan Seo-gu, Busan (31 years of age); D knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee ke knee ke kne ke ke ker ker ker ker ker k (hereinafter referred to as “me kle k).