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(영문) 부산고등법원 2014.10.16 2014노516
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles as to "the point of death from violence" (the part not guilty in the judgment of the court below) recognize the victim's assaulting the victim's her face and her face as stated in this part of the facts charged, the victim's body was weak due to alcohol addiction, the victim's death was two damaged (hump, pump, etc.) as a result of autopsy, and the victim's death was determined at the court below that the victim's her body was highly likely to be caused by second assault in light of the situation at the time of autopsy. The victim's mother did not come out of the house on the day of death. The victim's her mother, "I am out of the day of the judgment of the court below" was examined, and the victim's her body was removed, and the victim was found to have not been able to have been her body at the time of death, and the defendant could not have any sufficient causal relationship between the victim's health and the victim's her body at the time of death.

Nevertheless, the court below accepted the jury’s not guilty opinion without any causal relationship between assault and death and rendered a not guilty verdict on this part of the facts charged. The court below erred by misapprehending the legal principles and misapprehending the legal principles.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too uneased and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Of the facts charged in the instant case

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