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(영문) 부산고등법원 (창원) 2012.08.31 2011노207
폭행치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds of appeal in light of the following: (a) at the time of the instant crime, the Defendant caused a fighting with the victim at the time of the instant crime; (b) when considering the victim and the Defendant’s father and degree; and (c) the details of the victim’s death, the Defendant’s assault against the victim is an act beyond the passive defense; and (c) thus, it cannot be deemed a justifiable act; (d) the lower court erred by misapprehending the legal doctrine by misapprehending the legal doctrine that the Defendant’s act of making the victim face face with his head on the floor beyond the victim’s body is nothing more than an flu

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant did not lend money to the victim E (the 50-year-old) and the victim during the course of drinking at the Dandong D on June 11, 2011, and went to the family of the victim in Kimhae-si by getting the victim at the above drinking house and getting the victim into the Defendant’s Fright car and driving the said car on the Defendant’s Fright car.

On June 11, 2011, at around 04:50, the Defendant stopped at the request of the victim on the road near the aftermath of Kimhae-si, Kimhae-si, and then the victim was said to be “dlehhh” to walking the above car due to the decline from the above car.

The Defendant: (a) dump dumped the victim’s flap and flap face by drinking the victim’s body by hand; and (b) flap the victim’s body, caused the victim to face the left-hand head of the victim.

On June 24, 2011, the Defendant caused the death of the victim due to the blood transfusion from the left side of the hospital in Busan-gu, Busan-gu. H Hospital.

B. The judgment of the court below can recognize the fact that the defendant caused the death of the victim by sustaining the victim, but the above tangible power exercise was less drunk than that of the defendant, and power.

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