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(영문) 수원고등법원 2021.01.13 2020노531
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s mistake of fact (the point of injury on May 8, 2019) (the point of injury on May 8, 2019), according to the CCTV images and audio recordings taken by the situation at the time of the instant case, etc., the Defendant committed an act that could inflict injury on the victim as described in this part of the facts charged.

In addition, this part of the injury was caused by a cause, etc. other than the defendant's act in light of the circumstances of the crime and the situation before and after the crime.

must be viewed.

Therefore, the judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

2) The punishment sentenced by the lower court (two years of the suspended sentence of ten months) is excessively unreasonable.

B. A prosecutor 1) In relation to the fact-finding (the number of suicide aiding and abettings), it was impossible to cause the result of suicide because the drugs administered by the victimized person fall short of the volume of death, although the drugs administered by the injured person fall short of the volume of death.

Even if the risk is sufficiently recognized, according to the fact that the defendant, even though he is the spouse of the victim, has been aware of excessive medication of drugs for the purpose of committing suicide, the defendant's attempt to prevent suicide by omission is established.

Therefore, the judgment of the court below that acquitted this part of the facts charged is erroneous in misconception of facts.

2) The above sentence of the lower court’s improper sentencing is unreasonable as it is too unhutiled.

2. Determination

A. As the lower court duly rendered a judgment on the Defendant’s assertion of mistake of fact, according to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant suffered injury to the victim as stated in this part of the facts charged.

Therefore, this part of the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant in the judgment of the court below.

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