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(영문) 서울고등법원 2021.03.17 2020노2102

존속상해치사

Text

The defendant's appeal is dismissed.

Reasons

The defendant asserts that he is guilty of the summary of the reasons for appeal is due to his own force, and the elbow felbow felbow felbow felbow felbow felb, and he felbow felbs the chest of the victim behind the victim, and there is no fact that he felbs, etc. felbs and felbs, etc.

In addition, the defendant did not have a causal relationship between the above violence of the defendant and the death of the victim, and there was no possibility of predicting the death of the victim.

The punishment of the court below (three years of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the Defendant, while leaving the victim, was boomed with the victim, was selbowd, was selbowd by the victim, and was seld with the victim’s ear, etc., and was inflicted an injury on the victim due to the victim’s injury, such as sub-harm to clothes, etc. by hand, and the Defendant’s above assault, thereby recognizing the death of the victim, and also recognized the possibility of the Defendant’s death.

Therefore, the defendant's assertion of facts is without merit.

According to the autopsy report of the victim, it was confirmed that the victim's chests and ffolds were scattered as a result of autopsy against the victim, and the chests were accompanied by a blood transfusion between several cages partially formed on the chests, and there was a large quantity of livers and a large quantity of blood transfusions inside the livers.

In this regard, L of the National Institute of Scientific Investigation L of the Republic of Korea caused a minor physical contact, such as “the degree of damage to clothes” in a written autopsy and a factual inquiry reply.

It is difficult to see, and it is accompanied by the quantity of guns, which is part of the main target, and it is rather than once.