logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2013.12.11 2013노359
상해치사
Text

The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. While Defendant (the injury) was found to have been pushed ahead of the victim on May 21, 2012, the lower court found Defendant guilty of all the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. The lower court erred by misapprehending the facts.

Dob. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

B. A prosecutor (i.e., mistake of facts or misapprehension of legal principles) committed an injury by assaulting the victim, and a proximate causal relation between the fact that the victim died and the defendant's predictability could be fully recognized, but the court below found the defendant guilty only for the injury and rendered a verdict of not guilty for the reason of the injury. The judgment of the court below is erroneous in the misapprehension of legal principles

Dob. The sentencing of the lower court is too uneasible and unreasonable.

2. Determination

A. Of the facts charged in this case, the lower court found the Defendant guilty of assaulting the victim as shown in the facts charged in this case, and found the Defendant guilty of the injury, and found the Defendant not guilty of this part of the facts charged on the ground that the blood transfusion on the right side, which caused the victim's death, solely based on the victim's previous disease or physical condition, such as high blood pressure, etc., and the response by the professional examiner, etc., cannot be viewed as being caused by the victim's death, and that the blood transfusion on the right side, which caused the victim's death, does not exclude the possibility of the victim's death from the blood transfusion on the right side side side or the aftermath, regardless of the victim's assault.

B. (i) mistake of facts by the defendant.

arrow