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(영문) 부산고등법원 (창원) 2015.11.11 2015노144
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. In fact, even though there was no physical contact with the victim by hand to defend the victim when the victim got her speech and tried to defend the defendant, the defendant merely committed a misunderstanding of facts, and there was no physical contact with the victim, the court below determined that the victim died by making the victim go beyond the victim's face when taking the victim's face into consideration. Thus, the court below erred by misunderstanding of facts, which affected the conclusion of the judgment.

B. Even if the Defendant is found guilty of unfair sentencing, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In the facts charged by the prosecutor in the trial of the party, the defendant, who would have the victim slick the slicker outside the above slickhouse and let the defendant walk the slicker against it, had the victim slick the slicker out of the above slick house. After the victim taken out from the above slick house, the defendant and the victim slick the other party slick the slicker because the slicker's appraisal is not good before the above slick house, and the defendant applied for changes in the bill of amendment to the slicker's face when the victim slicked the victim's face by drinking, so the judgment of the court below was no longer maintained.

B. Although there exists a ground for ex officio reversal of facts on the ground of mistake of facts, the revised facts charged only differs from the situation before the alteration and the defendant's attitude of assaulting the victim, and thus, the defendant's assertion of mistake of facts is still subject to the judgment of the court of this Court, so it is determined as to this.

There is evidence that corresponds to the facts charged, and CCTV images are consistent with the facts charged.

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