beta
(영문) 대전고등법원 2017.09.29 2017노242

폭행치사

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s act does not constitute assault.

Even if the defendant's act constitutes violence, it is not recognized that there is considerable causal relation between the defendant's act and the death of the victim, and the defendant did not have the possibility of the death of the victim.

2) The Defendant committed the instant crime under the influence of mental and physical weakness.

3) The sentence of the lower court (one year and six months of imprisonment) is too heavy.

B. Prosecutor: The sentence of the lower court is too minor.

2. Determination

A. The lower court, based on the evidence adopted by the lower court, found facts as indicated in its reasoning on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, and, in light of such facts, sufficiently recognized that there was a possibility of expectation as to the Defendant’s misunderstanding of facts or misapprehension of the legal doctrine that there was a considerable relation between the Defendant’s assault and the death of the victim, and that there was a probable probability

The decision was determined.

In full view of the evidence duly admitted and examined by the court below, it is that the shock of the "21:02" that the defendant was faced with head on the floor by pushing the victim, did not affect the death of the victim.

Therefore, it is difficult to see that the lower court’s judgment with the same conclusion is just and acceptable. In so determining, it erred by misapprehending facts or by misapprehending the legal doctrine, thereby affecting the conclusion

subsection (b) of this section.

B. The lower court acknowledged the facts as indicated in its reasoning based on the evidence adopted by the Defendant’s assertion of mental and physical weakness, and found the following facts: (i) the Defendant continuously demanded the victim to open a joint entrance at the time of the instant case; and (ii) the Defendant himself/herself had committed an act such as the facts of the crime in order to bring the victim into the house by bringing the victim into the house, with the possibility that the victim would have locked out from the outdoor

(b) a statement;