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(영문) 대법원 1989. 10. 13. 선고 89도556 판결
[폭행치사,폭력행위등처벌에관한법률위반][공1989.12.1.(861),1717]
Main Issues

The case recognizing a substantial relationship between violence against a victim with a heart disease and death resulting therefrom;

Summary of Judgment

In a case where the Defendant, who was suffering from a heart disease in the heart of the heart room, such as spawn, spawn, and spawn in the body part of the Defendant, such as spawn and spawning the chest and face on one occasion, and spawning the breath and spathn, and spawning the spawn, etc. on several parts of the body, and caused serious violence, such as spawn and spawn spawn and spathn, and spawn spathn spawn spathn in the heart, thereby causing adverse impact on the victim’s heart, even if the victim died due to the spawn and spawn spawn swn swn swn

[Reference Provisions]

Articles 262 and 17 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Lee Jong-chul

Judgment of the lower court

Seoul High Court Decision 88No3487 delivered on February 27, 1989

Text

The appeal is dismissed.

Reasons

The defendant and defense counsel's grounds of appeal are also examined.

If the evidence of the first trial decision maintained by the court below is examined by comparing it with the records, it shall not be deemed that there was an error of law in finding facts in violation of the rules of evidence without making proper deliberation in the process of fact-finding conducted by the court

In addition, as legally determined by the court below, if a victim suffered from a heart disease such as the spawn and the spathn spathn of the victim’s spath and spathn, spathn and face on one occasion, spathn and spathn, and spathn around the victim’s body spathn, and spathn into a nearby site, and spathn, etc., caused an bad influence upon the victim’s heart, the court below's decision that there was an unlawful causal relation between the victim’s death and the victim’s spathn spathn spathn and spathn spathn spathn spathn spathn, etc., even if the victim died in the normal heart and the spathn spathn spathn spathn spathn spathn spathn.

The defendant's appeal is dismissed on the grounds that all of the arguments are without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jae-sung (Presiding Justice)

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