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(영문) 서울고등법원 2018.04.18 2017노3634
존속상해치사등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts (the remaining part of the Defendant’s act of assault) merely committed assault against the victim, such as the facts stated in the judgment of the court below, by putting the shoulder over several times by hand, while the victim as soon as the victim was under the influence of alcohol.

(2) The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in six months of imprisonment) is too unreasonable.

B. On July 1, 2016, the lower court found the Defendant guilty of the charge of assault on the part of the Prosecutor (the part resulting in bodily injury in existence). However, on July 9, 2016, the lower court acquitted the Defendant of the charges of bodily injury resulting from the continued injury. In full view of the following circumstances, the lower court erred by misapprehending the facts.

① On July 9, 2016, I (the children of the Defendant, the injured party’s grandchildren) received a phone from F (the wife of the injured party) immediately after the assaulted on July 9, 2016. At the time, the injured party’s inception took place, and the same shall apply to the victim’s “the bones of the injured party was faced.”

“The report was made in 119 and 112 by oral statements.”

2. The victim complained of the receipt from the police officer and the firemen of the bones part of the bones.

③ The result of the autopsy is that the victim suffered death after this mold, and that the private person might have influenced the death of the fluoral fluor and the fluoral fluor's fluor's fluor's fluor's fluor's b

④ The Defendant alleged to the effect that the victim was suffering from the verted verted verte of the bones. However, it is general to protect and examine a person whose vertebral verte is already isolated, while it is difficult to believe the Defendant’s click that the victim was hospitalized at around March 2016 on three occasions or later due to the immediately preceding vertebral care in the instant case.

Moreover, even in the above circumstances, the Defendant did not go to the hospital and did not report the victim to the hospital.

(5) On the other hand, a hole on the left side of the body of a victim shall be sold below the victim.

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