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(영문) 대전고등법원 2017.08.04 2017노94
상해치사
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B’s punishment (two years of imprisonment) are too heavy.

B. Defendant C1) The Defendant did not have committed a crime when committing a crime.

Even if the defendant had committed a victim, Article 263 of the Criminal Code cannot be applied since the act which caused the defendant A and B was the act of the defendant.

2) The sentence of the lower court (three years of the suspended sentence of one year and six months) is too heavy.

(c)

The sentence of the lower court against the Defendants by the Prosecutor is too weak.

2. Determination

A. The lower court, based on the evidence adopted by Defendant C’s misunderstanding of the facts or misapprehension of the legal doctrine, acknowledged the facts as indicated in its reasoning, and subsequently, determined that Qua who observed the site from about 15 meters to the investigation agency to the court of the lower court consistently offered to the effect that Defendant C was at the time of the victim although it was weak compared to Defendant A and B from the investigation agency to the court of the lower court, and that joint Defendant C was also at the time of the victim in the prosecution and the court of the lower court.

In full view of the facts stated, Defendant C may be recognized as having inflicted an injury upon the victim’s body jointly with Defendant A and B, and even though Defendant C’s degree of assault is minor.

Even if the result of the victim's death is that each assault or bodily injury of the defendants occurred concurrently, and it is not clear whether the direct and main cause of the victim's death occurred due to the defendant's act, so the defendant C cannot be exempted from liability for the crime of death by the legal principles of Article 263 of the Criminal Act.

In full view of the evidence duly admitted and investigated by the lower court, the lower court’s determination is just and acceptable. In so determining, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

subsection (b) of this section.

B. The sentencing of the Defendants and the Prosecutor’s wrongful assertion of sentencing is based on statutory penalty, which serves as a condition for sentencing under Article 51 of the Criminal Act.

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