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(영문) 부산고등법원 (창원) 2020.04.22 2019노340

상해치사

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) in light of the fact that it is commonly accompanied by a “brain shocking shock in the event that a person goes beyond the string and the booming blood is generated; (b) it is reasonable to deem that the victim’s private life suffers from a structure in which the head of the victim is balanced by external force; and (c) according to the following: (a) the b) the attacking spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic s of the victim.”

Nevertheless, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone lacks evidence to acknowledge the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On July 31, 2018, at the defendant's house located in Jinju-si B around 11:14, the summary of the facts charged is as follows: (a) the victim C (here, 41 years old) under the influence of alcohol takes the brush of the defendant's bath, brus the defendant's female relationship, and (b) the defendant takes away things.