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(영문) 서울고등법원 2014.06.13 2014노89
상해치사
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In the course of assaulting and injuring the victim J, the Defendants could have predicted that I would cause the victim to die by neglecting hot water.

B) Furthermore, there was a causal link between the Defendants’ assault and injury inflicted on the victim and the death of the victim, and the Defendants could have predicted that their assault and injury would result in the victim’s death. 2) The sentence of the lower court on the Defendants of unreasonable sentencing (Defendant A: 2 years of imprisonment, and Defendant B: 8 months of imprisonment) is too unreasonable and unfair.

B. Defendant A1’s mistake of facts on March 2013, 2013, there was no fact that the Defendant attempted to drink the tax system to the victim in the studio toilet in Yeonsu-gu Incheon Metropolitan City L 403. 2) The above sentence of the lower court on the Defendant of unreasonable sentencing is too unreasonable.

C. The lower court’s sentence against Defendant B (unfair form of punishment) is too unreasonable.

2. We examine ex officio the determination of the Defendants and the prosecutor’s grounds for appeal, prior to the determination of ex officio (part of the indictment).

Of the facts charged in the instant case, the prosecutor added “head” to the part of the charge that Defendant A inflicted an injury on each victim with golf loans around May 2013 and around June 15, 2013. From June 25, 2013 to June 15, 2013, the prosecutor “I” saw the victim’s body at the above studio as between June 25, 2013 and June 26, 2013 and 15:35, the above part of the charge was blick, so that the victim was not able to properly study the victim in the state where the above studio of the Defendants became extreme and psychologically uneasible, and she blicked the victim’s gas or the above blick, and she blick at the victim’s body, etc. from around 2013 to 36 June 26, 2013.”

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