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(영문) 서울고등법원 2018.02.01 2017노440
폭행치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

It is insufficient to prove that cerebrovascular, which is the cause of death of the victim, was caused by the Defendant’s assault. At the time, there was no possibility that the Defendant would have died due to the Defendant’s assault. Therefore, the judgment below convicting the Defendant of the facts charged of this case by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Judgment

As to the assertion of mistake or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court’s judgment, and the lower court, based on the evidence duly admitted and investigated by the lower court, found the following circumstances, i.e., (i) the Defendant’s face of a victim in an unclaimed state was strongly assessed twice, and the victim was used in the future. The victim was under the influence of alcohol at the time was unable to predict or defend the Defendant’s assault; (ii) the victim was forced to be vulnerable to external shock; (iii) the victim was deprived of awareness immediately; and (iv) the victim was dead without being able to recover consciousness for four days; and (iv) the victim was determined as a result of autopsy with the victim, and (iv) the victim was dead due to the victim’s death due to the “influench of an unclaimed depression” and the victim was involved in another cause.

The fact that it is difficult to see the victim's death, as alleged by the defendant, is likely to affect the victim's death, such as the victim's heart vision, beer, beer, local ties, high blood pressure, and epidema.

Even if the defendant did not have a substantial causal relationship between the defendant's act and the victim's death, and considering various circumstances such as the degree and manner of the defendant's assault, the circumstances before and after the crime, etc., the defendant's person.

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