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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The lower court did not err by misapprehending the legal doctrine or by misapprehending the legal doctrine.
(2) A family defendant assaults a victim as stated in the judgment below.
Even if the defendant's assault and the victim's death are the result, the relationship and predictability of the person can not be recognized.
2) The sentence of the lower court’s sentence (three years of imprisonment) against an unjust defendant is too unreasonable.
B. Prosecutor 1) In addition to the assaulted facts acknowledged by the lower court, the Defendant should also be found to have committed assault and assault by having the victim who was in the bend immediately before the fall of the victim.
2) The sentence imposed by the lower court against an unfair defendant in sentencing is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court determined that the lower court erred by misapprehending the legal doctrine, and in light of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, it can be sufficiently recognized that the Defendant committed an assault against the victim as stated in its reasoning.
The decision was determined.
(1) On the first police statement immediately after the instant case, H stated the following as to the situation at the time of the victim’s death.
① In other words, he/she was in combination with the Defendant who had performed the alcohol at a restaurant in Busan, and she was in line with the Defendant who found himself/herself, and she was in line with three to drink, and she was in line with the Defendant who was suspected of having performed the alcohol at his/her own house while drinking the alcohol within the house, and was in line with the Defendant and the married couple fighting.
② The victim’s fighting match was fighting, and the fighting match was terminated, and the fighting match was about to start, and the defendant tried to remove the defects of his house and the house of the living room and the kitchen, to cut the blades of the kitchen, and to threaten himself by cutting the blades of the room and the kitchen, and the victim who frights hotly tried to do so. Two scams in the living room of the same winger.