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(영문) 대구고등법원 2016.12.01 2016노393
유기치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, at the time of the instant case, misunderstanding of facts or misunderstanding of legal principles, was driven in front of the dispute with the victim, who is the husband at the time of the instant case, only she saw that the victim was born at the time of the instant case, but did not directly see it, and was making a left-hand turn by lowering the speed at the time of the instant case, it was not anticipated that the victim, who was taken on the vehicle,

As such, the Defendant was guilty of the facts charged in this case even though he did not anticipate that the victim would die, recognizing the existence of the cause of the responsibility to protect the victim, and there was no awareness that he neglected the duty to provide assistance based thereon, and even though he did not anticipate that the victim would die. In so doing, the lower court erred by misapprehending the legal doctrine

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the lower court’s imprisonment (two years of imprisonment and three years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant argued to the same effect as this part of the grounds for appeal, and the lower court accordingly, based on the evidence duly admitted and examined by the lower court, the lower court: (i) i.e., the following circumstances acknowledged by the lower court in light of the following circumstances: (i) the victim dices alcohol at the club; (ii) the Defendant, the wife, was seriously disputed at a speed of 20 km or 30 km; and (iii) the victim was at the speed of the vehicle in this process without the speed of the vehicle; (iv) it appears that the head was seriously faced in the ground and caused the death of the head due to the loss of balance; and (ii) the speed of the vehicle at the speed of 20 km or 30 km; and (v) the victim was in a state of interesting and interesting the Defendant at the same time, the victim was at a different speed.

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