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(영문) 서울고등법원 2014.04.03 2013노4019
상해치사등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to the crime No. 1 in the judgment of the court below, there was no intentional assault against the victim.

Even if the defendant was found to have abused the victim, H only told the victim at the time and did not commit an assault jointly with the defendant. Thus, the defendant's act constitutes only a simple assault, not a joint assault.

(2) Under the influence of alcohol, the victim has been pushed down or dumped by hand in order to remove the victim.

Even if this is a passive defensive act, it is a self-defense or an act permissible by social norms, and thus, is not illegal.

B) As to the crime No. 2 of the holding of the lower judgment, the Defendant, under the influence of alcohol, only assessed the victim’s face in the process of putting dump against himself/herself in order to defend himself/herself, and there was no intention of assault as well as the intent of assault. Even if the Defendant’s intent of assault is recognized, it is nothing more than the death of assault since there was no intention of assault. 2) Imprisonment (one year and six months) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. As to the defendant's assertion of mistake of facts

A. As to the crime No. 1 of the judgment of the court below, the court below held that the defendant assaulted the victim jointly with H, i.e., the following circumstances that can be recognized by the evidence, i.e., ① the witness M from an investigative agency to this court, consistently 'the defendant 's situation from the investigative agency to this court ' caused the victim to be drinking, a dispute and a vagabonds with the victim, and went beyond the time of the victim again or by drinking.

H, which was the defendant's daily behaviors at the time, is a relative to the defendant, and he takes part in it, and she takes part in it and she takes part in it, and she takes part in it.

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