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(영문) 수원고등법원 2021.01.13 2020노710

상해치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five years and six months.

Reasons

1. Summary of grounds for appeal;

A. In relation to the misunderstanding of facts (misunderstanding of facts and misunderstanding of sentencing) by Defendant 1, the Defendant prices the inside part of the victim at the time of the instant case, and knife a part of the ship, and knife a part of the ship, and did not agree with the victim by walking the part of the ship at several times as stated in this part of the facts charged. As such, the Defendant was injured by the victim, or the victim was killed due to the Defendant’s act.

shall not be deemed to exist.

Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous.

2) The punishment sentenced by the lower court (three years of imprisonment) is excessively unreasonable.

B. The above punishment sentenced by the prosecutor (unfair sentencing) by the court below is unreasonable as it is too unhutiled.

2. Determination

A. Judgment 1 on the Defendant’s assertion of mistake of facts 1) The Defendant did not incur injury that caused death to the victim as alleged in the grounds of appeal, and the Defendant’s act directly caused the death of the victim, as alleged in the grounds of appeal.

I asserted that it cannot be seen.

이에 대하여 원심은, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 피해자 사체에 대한 부검 결과, 피해자의 사망 경위, 사망 당시 피해자의 상태 등에 관한 사정들을 자세히 설시하면서 위와 같은 사정들을 종합하여 보면, 피고인이 피해자의 배 부위를 걷어찼고 이로 인하여 피해 자가 소장 파열 및 복막염으로 사망에 이른 사실이 인정된다고 보아 이 부분 공소사실을 유죄로 판단하였다.

2) In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court, the lower court’s determination of guilty of this part of the facts charged is just and acceptable, and the Defendant.