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Reasons
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(영문) 서울고등법원 2021.01.27 2020노1979
존속체포치사
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All appeals filed by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles) The Defendants’ illegality of arrest act makes it inevitable for the victims to be imprisoned in order to protect the victims. This cannot be deemed unlawful as a legitimate act under the social norms.

B) There is no fact that the Defendants’ act and the victim’s death and the related Defendants have forcibly bound the pressure roof to the extent that the victim’s respiratory difficulty is difficult.

Therefore, there is a relationship between the Defendants’ act and the death of the victim.

It can not be readily determined, and the possibility that the victim's disease contributed to death can not be ruled out.

C) As the Defendants did not prevent the victim’s nose and did not recognize the victim’s signs of difficulty in pulmonary treatment, the Defendants could not have predicted that the victim was a bruptr.

2) The sentence sentenced by the lower court to the Defendants (2 years and six months of imprisonment, and three years of suspended execution in June, 200) is too unreasonable.

B. The above sentence, which the court below decided against the Defendants, is too unfasible and unfair.

2. The Defendants made the same assertion as the grounds for appeal even in the lower court’s determination as to the Defendants’ misunderstanding of the facts or misapprehension of the legal doctrine, and the lower court rejected the Defendants’ assertion and its determination in detail.

In light of the evidence duly adopted and examined by the court below, ① a series of arrests by the Defendants, which were bound by the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the Defendants’ bet the victim’s bet the victim’s bet the victim’s bet the victim

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