존속상해치사
All appeals by the defendant and the prosecutor are dismissed.
The court below erred by misapprehending the legal principles as to the defendant's facts or by misapprehending the legal principles as set forth below, which affected the conclusion of the judgment.
The Defendant, after going out on the day of the instant case, returned home to the victim who was seated in a sofion, dives the victim’s cream with both descendants. However, the Defendant reported only 119 as the victim did not move away from his own sofacopic wave and did not move.
The Defendant did not commit an injury by assaulting a victim as stated in the facts charged of the instant case.
Even if the facts of the defendant's assault are recognized, not only the causal relationship between the defendant's act at the time of two times and the death of the victim, but also the defendant could not have predicted the death of the victim.
The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness due to drinking or mental problems.
The punishment sentenced by the court below to the defendant (four years of imprisonment) is too unreasonable.
The sentence imposed by the prosecutor (unfair sentencing) by the court below is too unfortunate and unfair.
Judgment
In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's assault-related argument, the fact that the defendant inflicted an injury on the victim by assaulting, such as blicking twice the victim's blick can be sufficiently recognized.
This part of the defendant's assertion is without merit.
The defendant reported 119 immediately after the crime of this case to the 119th day after the crime of this case.
아주 미워 가지고 ’라고 말하였고[ 증거기록 35 면, 155 면 첨부 CD. 피해자에 대한 의무 일지 사본( 증거기록 115 면 )에는 119 대원 진술상 신고자 아들이 스스로 ’ 날 씹어서 얼굴을 두 대 쳤더니 숨을 안 쉰다 ‘라고 얘기했다는 취지로 기재되어 있다], 출동한 경찰에게도 폭행 사실을 인정하는 취지로...