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(영문) 서울고등법원 2020.12.10 2020노1026
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (seven years of imprisonment) is too unreasonable.

2. The Defendant, while drinking with the victim who was aware of that he was drunk, repeatedly asked the victim to take another person into custody while drunk and again rejected the victim’s head, face, breath, etc., of the Defendant’s refusal to take advantage of the victim’s face.

The defendant took a face again on the victim's face, and attacked the victim's clothes through a bridge, etc.

As a result of the autopsy against the victim, it was confirmed that the blood on the part of the ship, 1,650 mlance of the ship, the blood on the quantity of 1,650mlance of the ship, the malute and multiple malute of the windowper, the marization of the beer accompanied by the mard windowper, and the heat of small mars, etc. were confirmed, and the private person of the victim was considered to have damaged the marb

According to this, the defendant seems to have sold the parts of the victim by taking or walking so far.

The victim was immediately sent to the emergency room of the G Hospital under the cardiopulmonary resuscitation, but the victim had already arrived at the hospital in the state of cardiopulmonary suspension and was judged as dead for a long time.

Since the victim was under the influence of alcohol at the time and was more than 18 years old than the defendant, the victim was under the influence of alcohol at that time and was under the influence of 63 years old, the victim was under the influence of assault without any defense of the defendant at all and up to the extent that his consciousness remains.

As such, the means and circumstances of the instant crime were very harsh, and the victim died from extreme fear and pain.

Therefore, the motive of the instant crime is too minor to say that the victim, first of all, flag to the defendant, has come to assault the victim.

The defendant has concentratedly assaulted only the fatal body parts, such as the face and clothes of the victim.

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