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(영문) 부산고등법원 (창원) 2019.07.17 2019노153

폭행치사

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant not guilty of the facts charged of assault on the ground that the defendant did not prove the facts leading to the death of the victim and found the defendant guilty of only assault on the ground. However, according to the testimony of the police officer dispatched to the site, the court below found that the police officer dispatched to the site that "the defendant tolds that "the defendant was in secret with each other, and the defendant was in excess of the same manner," although credibility is very high, the court below omitted the judgment of the above police officer's testimony; ② the defendant made the victim after the victim exceeded the floor that "the victim was flick, good, good, dead, dead, scam, and scam, if it is divided, we can do so; ③ The victim's private person's death was caused by external force leading to the head of the victim, and thus the defendant's death was found guilty of the misunderstanding of facts. Thus, the court below erred in the misapprehension of facts.

B. The sentence imposed by the court below on the defendant (one year of suspended sentence for two months of imprisonment) is too uneasible and unfair.

2. Determination

A. On December 26, 2017, at around 01:00 on December 26, 2017, the summary of the facts charged is that the Defendant found the victim C (56 years of age) who was living in the future at the home of the Defendant located in Kimhae-si, Kim Jong-si, and found the victim and went back to the outside by drick hand while under the influence of alcohol. The Defendant: (a) was knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knife; (b) the Defendant caused the death of the victim who was receiving treatment in the E Hospital located in Kimhae-si, Kimhae-si, and caused the death of the victim as a serious knife’s knife.).