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(영문) 부산고등법원 (창원) 2019.08.14 2019노130
상해치사등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On October 18, 2018, Defendant 1: (a) misunderstanding of facts and misunderstanding of legal principles (the lower court on the part of the death resulting from injury) (hereinafter “the Defendant’s house”), the victim tried to evacuate from the Defendant’s office to the front door of the outer wall of apartment buildings, humpingly, the victim’s life

“The Defendant convicted the Defendant of the instant injury resulting from death.”

However, the Defendant was guilty of this part of the facts charged on the ground that the victim was sleeped with the victim at the above date, time and place, and the victim was sleeped, and the victim was sleeped in the ward, and the victim was sleeped beyond the beh and died. Accordingly, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (five years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine was the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail, on the fourth and fifth pages of the said judgment, in its detailed statement of determination.

In full view of the facts and circumstances described above, and the following facts and circumstances acknowledged by the court below duly adopted and investigated by the court below, the judgment of the court below which found the defendant guilty of the injury resulting from the injury of this case is just and acceptable. In so doing, the court below did not err by misapprehending the legal principles or misconception of facts as alleged by the

1) Out of the body of the victim, there is a possibility of damage due to the knife of the knife of the knife of the knife and the knife of the knife of the knife, the knife of the knife of the knife, the knife of the knife of the knife.

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