폭행치사
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
1. The scope of the trial at the court below, the prosecutor originally brought a prosecution against the defendant for the crime of assault and death, and filed an application for changes in indictment with the court below to add the crime of assault and bodily injury and the crime of bodily injury by negligence in the preliminary case while maintaining the principal offense of assault and
On the other hand, the court below found the Defendant guilty of the ancillary charges, among the facts charged against the Defendant, and judged the Defendant not guilty of the primary charges on the grounds thereof, and did not decide the acquittal separately.
However, the defendant filed an appeal against the conviction portion, and the prosecutor filed an appeal on the grounds of unreasonable sentencing only for the conviction portion. While the acquittal portion of the above grounds in the judgment of the court below is also subject to the trial of the party, it does not appear to have any other matters to be deliberated and determined ex officio by the parties after being exempted from the scope of the trial of the party. Thus, this part is subject to the conclusion of innocence of the judgment of the court below and does not be judged again.
2. Summary of grounds for appeal;
A. Defendant 1) The Defendant, at the time of the instant case, committed an act by making the victim take advantage of the victim’s head abnormal, and committed an act by making the victim take advantage of his left hand. However, the Defendant thought that the victim’s husband’s husband was frighten in body, after examining the state of the victim’s husband, she believed that the victim’s husband was fine, and she believed that the victim’s husband was fine, and she believed that there was any physical error.
Therefore, the defendant cannot be deemed to have violated the duty of care.
나) 폭행치상의 점 피고인은 피해자의 목뿔뼈에 손을 댄 적이 없으므로, 피해자에게 목뿔뼈 골절의 상해를 입게 하지 않았다. 2) 양형부당 이 사건 공소사실이 모두 유죄로 인정되더라도, 원심의...