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(영문) 서울고등법원 2013.05.02 2012노4487

폭행치사등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant 1 did not assault E, and the lower court found Defendant 1 guilty of this part of the charges by misunderstanding the fact that he did not have escaped after having caused an accident while driving a car owned by the Defendant.

(2) In light of the circumstances of unfair sentencing against the Defendant, the sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. According to the testimony of the prosecutor E, the result report of the autopsy and testimony of the autopsy, the court below found the defendant guilty of each part of the charges on the following grounds: even though the defendant could have abused the victim D and assault the victimO and caused the above victims' death, the court below found the above victims not guilty of this part of the charges.

2. Determination

A. The court below rejected the defendant's assertion that the defendant's assertion of mistake of facts was identical to this part of the grounds for appeal, and the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment on the ground that the defendant was unable to believe the defendant's assertion that he was using his own car and caused an accident and escaped after causing an accident, on the ground that the defendant's assertion that he was not aware of the name and contact point of his own car without any guarantee that he would return the vehicle owned by the defendant, which is an essential article in his living, because the defendant was credibility in the victim E's statement in light of the circumstances stated in its reasoning, under the title of "decision on the argument of the defendant and his defense counsel".

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

B. Judgment on the prosecutor's assertion of mistake of facts (1) this part of the facts charged.