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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, although it is apparent that the Defendant was unable to perform his/her duty to protect the victim, who is an absolute mother of his/her mother, and thereby resulting in the death of the victim, the lower court did not have any intentional act or act on the part of the Defendant.
The court below found the defendant not guilty of the facts charged in this case because it is difficult to conclude that the defendant's act was caused by the death of the victim. The court below erred in the misapprehension of legal principles as to the crime of death or bodily injury caused by the death of the victim
2. Determination
A. The additional prosecutor of the ancillary facts charged shall be the primary facts charged for the trial, and the name of the crime shall be "Death by negligence", "Article 267 of the Criminal Act" shall be "Article 267 of the Criminal Act", and the following facts shall be charged.
1) A request for amendments to a bill of indictment was made by adding the same contents as mentioned in the preceding paragraph to each preliminary one, and the scope of the trial was changed as the court permitted the second trial on June 18, 2014 on the date of the trial of the court of the second instance. However, the prosecutor’s assertion of mistake of facts or misapprehension of legal principles as to the main facts charged is still subject to the trial of the court, and it is judged first. (B) Judgment on the grounds of appeal by the public prosecutor 1) Decision on the main facts charged by the public prosecutor 1) as the external children of D (n.e., the Defendant, at the house located in the counter E of Changwon-si from May 31, 2010 to Changwon-si, and the Defendant was living outside the second floor.
D has symptoms, such as a decline in the history of service and a decline in neighboring livestock and a decline in remote area, around November 201, due to the symptoms, such as a decline in the root and the downhilling of remote area, and as a result, it was extremely difficult to fluorize the body of D from time to time to time to time so as not to provide meals to such D and to avoid the occurrence of bathing, etc. due to excessive drinking.