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(영문) 대전고등법원 (청주) 2014.10.02 2014노136

유기치사등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is recognized as having inflicted an injury on the victim by brooms and steel pipes three times, but it is difficult to readily conclude that there exists a causal relationship between the injury and the death of the victim. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor - The sentence of the lower court on unreasonable sentencing is too uneasible and unreasonable.

2. Determination:

A. 1) The defendant argued the same purport in the judgment of the court below. The court below found the defendant guilty on the charge of injury resulting from the following reasons: in light of the degree of assault committed by the defendant against the victim, the degree of injury inflicted by the victim, the state of the victim before and after the crime of this case, and the contents of the autopsy appraisal document, etc., the victim suffered from the victim's breath and sub-explosion blood, etc., which caused the victim's breathic shock, and thereby, the victim suffered from the breathic disorder caused by the breathic shock from the defendant, and the victim suffered from the breathic disorder and the breathic disorder was found to have suffered from the breathic disorder that was difficult to move. As a result, it appears that the victim was found to have suffered from the breathic disorder, the court below found the defendant guilty on the ground that the victim

The defendant's ground of appeal in this part is without merit.

B. According to the record of the judgment on the assertion of unfair sentencing by the Defendant and prosecutor, the Defendant and prosecutor assaulted the victim by using steel brooms and steel brooms, which are dangerous objects, and wire Pipe, and due to such assault, the victim was left unattended in the outdoor sturgs of Yong-do 5 degrees and the victim’s death.