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(영문) 부산고등법원 2016.05.12 2016노123
살인
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. The victim of mistake of facts is not deceased due to the defendant's act, i.e., the act of the defendant as stated in the facts charged, i.e., the defendant's act by dividing the victim's timber with his fault, and pressure of the victim's intention, but the defendant's act was deceased due to addiction to drinking agricultural chemicals before that; thus, the defendant's act and the victim's death cannot be held held liable for murder and death as the result of the victim's death. The

In light of the facts charged in this case, the court below erred by misunderstanding facts and affecting 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. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court, in light of the circumstances acknowledged by the evidence in its holding, has a substantial relation between the Defendant’s act and the victim’s death.

In view of the facts charged of this case, the lower court convicted the Defendant.

Examining the judgment of the court below in comparison with the records and the arguments of the court below, the judgment of the court below is just and there is an error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.

It does not appear [it is not the sole cause or direct cause for causing the death of the victim. Inasmuch as the Defendant’s act constitutes a serious cause for the death, even if the Defendant’s act was combined with another cause, such as the intentional or negligent act by a third party, and the result of the death of the victim, there is a relation between the Defendant’s act and the result of the death of the victim.

(c).

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