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(영문) 부산고등법원 2013.06.19 2013노27

상해치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The grounds of appeal by the Defendant 1) Although there was a misunderstanding of facts that the Defendant committed an act of plucking, plucking, plucking, etc. of the victim C by cutting the victim C’s timber at his arms, the Defendant’s act is not likely to inflict an injury on the victim of an unfair sentencing (two years of suspended execution in August, and eight hours of social service). However, the Defendant’s imprisonment with labor (two years of suspended execution in August, and eight hours of social service) is too unreasonable.

B. The prosecutor's grounds of appeal 1) The evidence submitted by the prosecutor of the facts-finding procedure reveals that the defendant's act and death of the victim are causal relations between the defendant's act and the victim's death, since the defendant's act can be acknowledged as having committed violence on the part of the victim's own body by cutting down the victim's neck in his arms, plucking up the victim's body, entering into the elevator with the victim's body, making the victim's body once a drinking, cutting down the chest part once the victim's chest, breathing down the victim's breath, and breathing down several times under the victim's breath, etc., and it is hard to find the defendant guilty of the death of the victim's body on the ground that it is too unforeseeable that if the victim's chest might cause harm to the victim's life, and that it is hard to find the defendant guilty of the death of the victim's body on the ground that it did not affect the judgment of the court below.

2. Determination

(a) the defendant;