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(영문) 서울고등법원 2017.06.01 2017노405

폭행치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower court convicted the Defendant of this part of the facts charged, even though the Defendant did not have a relation to the causal relationship between the Defendant’s assault and the victim’s death, and there was no probability of predicting the result of the death. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2) Although the Defendant was at the time of having her her kyl with the victim and did not inflict an injury, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) Determination on the assertion of misunderstanding of facts, etc. 1) The Defendant argued that the Defendant caused the death of assault, etc. as alleged in the above facts, and the lower court rejected the said assertion by providing a detailed statement on its determination.

In light of the circumstances revealed by the lower court, the following circumstances, which were duly adopted and examined by the lower court, i.e., the Defendant’s assertion to the effect that, under the influence of alcohol immediately before the victim’s death, the possibility that cerebrovascular was generated cannot be ruled out. However, the written appraisal of the prosecutor’s autopsy under the law, “large and small stals of the victim’s external inspection appear or are damaged by the passage of time.”

It does not seem that there is any damage or disease to the major long-term or annual organization which can be killed even in internal inspections.

A serious local area cannot be seen as a private person, but it is considered that the possibility of contributing to death, such as the degradation of the ability to blood transfusion, etc., is considered, and the officer of the law appears to have occurred before the date of the death of the victim and at least one day in the court of original instance.

(2) At the time of the occurrence of such hole, there shall be no blood transfusions;

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