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(영문) 부산고등법원 2017.06.28 2017노216
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendants’ act, such as the facts charged, is unlawful as an exercise of tangible force meeting the requirements for the constituent elements of the crime of assault under the Criminal Act, which does not meet the requirements of a justifiable act. In light of the tangible power exercised by the Defendants, the degree of such force, and the cause of the death of the victim, etc., the Defendants could have predicted the result of the death

2. Examining the reasoning of the lower judgment in light of the evidence and records duly admitted and investigated by the lower court, the lower court, based on the facts and legal principles acknowledged by the lower court, committed an assault against the Defendants or committed an intentional assault against the Defendants.

It cannot be seen, even if not, the Defendants’ act such as the facts charged constitutes a justifiable act that does not contravene social norms, and at the time there was a possibility that the Defendants could have predicted the result of the death of the victim.

It is difficult to see even

In light of the facts charged, the judgment of not guilty on the charges is just, and there is a violation of law as to mistake of facts.

shall not be deemed to exist.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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