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(영문) 서울고등법원 2013.09.05 2013노648
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor (i.e., mistake of facts, crew, F, and E’s statement, the court below acquitted the Defendant of the facts charged of “injury resulting from bodily injury” on the ground that the causal relationship between the Defendant and the victim’s death cannot be acknowledged.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant, as indicated in the facts charged in the lower judgment, did not assault the victim or inflict bodily injury on the victim; (b) followed the body of the victim, e, F, and TV set up in Cump around April 2012; and (c) followed by the Defendant’s appearance of the body of the victim

5. On May 15, 201, the Defendant and E sought the victim from time to time on May 15, 2012, and used the victim’s head once to drink, and used the victim’s scam at 5 times by hand on the ground that the victim’s clothes are not fast. C crew E used the victim’s body at drinking around 17:40 on May 15, 2012 and walked the victim’s body from time to time at around 21:2 on May 15, 2012.

B. The lower court held that it is difficult to recognize the causal relationship between the assault and bodily injury as stated in the facts charged in the lower judgment and the death of the victim on the grounds as delineated below, and thus, it violates the Punishment of Violences, etc. Act (a collective weapon, etc.) which is part of the facts charged in the instant case.

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