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(영문) 부산고등법원 2017.11.02 2017노236

상해치사등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The point of misunderstanding the facts (the part of the judgment of the court below) is that the Defendant assaulted the victim at the time and place indicated in this part of the facts charged, such as the time and place indicated in this part of the facts charged, and inflicted an injury on the victim “the 7th head of the right cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage

In light of the above, the "damage to the ship's personal ability (explosive blood from liver heat)" stated in the autopsy report in the decision of the court below is not caused by the assault of the defendant, but by a separate external force that became caused in the process of cardiopulmonary resuscitation, not by the assault of the defendant, and it is highly likely that the autopsy report in the decision of the court below is highly likely to be caused by the extra external force (it is difficult to determine whether certain types of external force has been affected specifically by the autopsy report).

2) Accordingly, there is a substantial causal relationship between the Defendant’s assault and the victim’s death.

It is difficult to see, and it is difficult to see that there is a possibility that the defendant could have predicted the serious result of death.

Nevertheless, the court below concluded that the victim's death was caused by the injury of the victim at 7th head of the right cage, which the victim suffered from the victim's injury, and the victim's death was caused by excessive blood liquid (one and multiple blood). The judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

(a) The misunderstanding of facts and the crime of death resulting from bodily injury must be based on the causal relation between the act of injury and the result of death as a result of aggravated aggravated crimes, and further on the possibility of predicting the result of death.