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(영문) 서울고등법원 2016.04.15 2015노2633
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not inflict any injury on the victim D at the time and place stated in the facts charged in the instant case. However, in the process of the victim’s attempt to take place, there was a head at the time when the victim was placed on the floor because he was unable to breathly in the process of the victim’s body, and there was only a head at the time when the victim was placed on the floor, and the victim was on the part of the victim after glading the skin and ging

Even if the defendant injured the victim, it was possible for the defendant to communicate with the victim at the time, blood transfusion was made with the victim's body, and the victim's body was insignificant, so it could not be predicted that the blood transfusion would cause the death of the victim.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found the Defendant guilty of the facts charged of this case.

B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine is based on the evidence duly admitted and investigated as follows: (i) the heat windows formed on the part of the victim, namely, the victim’s e-mail, are damaged to the openness of each in the shape close to the e-mail; (ii) such damage is highly likely to have been formed by a short period of time with the date; and (iii) it is difficult to view it as the damage formed by the e-mail at the time of contact, such as the Defendant’s statement, and (iv) the Defendant was seated on the opposite side of the visit at the time of the victim’s e-mail.

As the above statement is made, it seems difficult for the victim to contact the defendant with the scams that were scattered, considering the direction of the victim's overcoming and the distance between the defendant and the victim. However, the scams of the defendant's scams are found.

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