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(영문) 대전고등법원 2018.05.18 2017노436
상해치사등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The Defendant did not assault the victims as stated in the lower judgment.

Even if the defendant assaulted victims, there is no causal relationship between the defendant's act and the death of the victim D.

B. Legal principles are not applied to wooden stick used to commit the instant crime, which does not constitute dangerous objects.

(c)

The sentencing of the lower court (eight years of imprisonment) is unfair because it is too unreasonable to impose the sentence.

2. Determination

A. 1) Determination of the assertion that there was no assault against the victims on the part of the court below regarding the assertion that there was no factual mistake may be acknowledged that the Defendant committed an injury by assaulting the victims by using a tree can be found in full view of the following additional circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, including the relationship between the Defendant and the victims, the process in which the victim E was identified as the Defendant as the offender, the process in which the victim E became a criminal, and the circumstances in the injury case occurred immediately after the instant crime.

Therefore, this part of the defendant's assertion is rejected.

A) As the court below pointed out, the defendant was arrested as criminal facts (the criminal facts in the judgment of the court below which became final and conclusive) that the defendant was arrested as one of the victims of this case, in addition to the blood trace of the above I at the time when the defendant was arrested, and the victims did not have any way to see the victim, and the victim was frighted after the defendant was her at the place of the crime of this case at least 300 meters away from 30 meters away from her face. The defendant was arrested. At the time of arrest, the victim was arrested, and the victim was fright to her at the place of the crime of this case.

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