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(영문) 서울고등법원 2016.06.15 2015노3153

폭행치사

Text

The defendant's appeal is dismissed.

Reasons

However, there is no fact that the defendant misunderstanding the summary of the grounds for appeal is clicked by the victim, or that there is no fact that the victim was used or the victim was sealed from the outer corridor of the amusement station with the wall by breathing breath, and that the defendant's I statement related to the violence of the defendant breath is false because he/she concerns that he/she will be identified as a criminal, and its credibility is low.

In addition, at the time of the fall of one victim, the defendant was in the entertainment center rather than the out corridor of the entertainment center, and the defendant's assault and the victim's death are not recognized as a causal relationship between the victim's suicide and the victim's death, such as the possibility that the victim may commit suicide or fall due to mental fission.

The sentencing (4 years of imprisonment) of the lower court is too unreasonable.

The lower court determined based on the evidence duly adopted and examined by the lower court that the Defendant was at the time when the victim fell as stated in the lower judgment, and determined that the victim felled while avoiding the above assault from the Defendant or from the Defendant at the window near the window, and died. In addition to the Defendant’s assault, other causes than the victim’s death, i.e., the victim attempted to commit suicide or crashed by negligence.

It is difficult to see that the relationship between the assault of the defendant and the death of the victim can be recognized.

The decision was determined.

In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to whether the Defendant abused the victim to the degree that the victim could feel a threat, the Defendant would feel a threat to the victim by taking into account the following circumstances: (a) the victim’s face, so long as it is difficult for the victim to be used by the hand floor; (b) the victim’s face from the outer corridor of the entertainment center to the wall; and (c) the victim’s face to the drinking face.