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(영문) 광주고등법원 (제주) 2015.02.04 2014노104
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no causal link between mistake of facts and misapprehension of legal principles, Defendant’s assault and victim’s death.

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

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the following circumstances admitted by the evidence, the causal relationship between the Defendant’s assault and the victim’s death is recognized. Therefore, the lower court did not err by misapprehending the legal doctrine or misapprehending the legal doctrine as alleged by the Defendant.

Therefore, this part of the defendant's argument is without merit.

1) The victim seems to have never been in a state of health before the instant case, and did not have a special transfer quality. 2) The Defendant assaulted the victim, such as when he was blicked with the victim’s blick, hair, and scke with his hand, when she met the victim’s eye, hair, and scke.

3) The victim’s math, the left-hand cuck, the mustath, both sides of the body, etc., were saved from saves, etc., but the victim’s saves or both sides of the saves cannot have saves from saves due to the part not protruding. 4) The victim’s saves or both sides of the saves cannot have saves from saves due to the victim’s saves. In particular, the 2 government’s savesaves

5 The blood transfusion between the upper-hand side of the upper-hand side is the upper side where external shock has occurred, such as drinking or hand-on, when the upper-hand side of the upper-hand side is the main body.

B. As to the assertion of unfair sentencing, the Defendant agreed with the victim’s bereaved family members, and the victim’s bereaved family members are in favor of the Defendant.

On the other hand, the defendant assaulted the victim living together and caused his death, and this case is related to the victim.

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