In the case of assault death, delay of surgery and causation to the victim

In a case where the Defendant saw the victim’s clothes as a food by taking the part of the victim’s clothes at one time and died of the victim’s hair due to the fladation, even though the Defendant’s negligence, such as delay of surgery, etc., caused the victim’s death, as long as the Defendant’s act was a serious cause for the result of death, there is causation between the act of violence and the result of death, so the Defendant cannot escape from liability for the crime of assault against the victim’s death.

Articles 17 and 262 of the Criminal Act

Defendant and Appellant for Custody

An applicant for concurrent Office of the Defendant

Attorney Kim Young-chul

Daegu High Court Decision 83No1752,83No397 delivered on March 20, 1984

The appeal is dismissed.

The period of detention pending trial after appeal shall be included in the imprisonment for forty days.

The grounds of appeal by the defendant and his/her defense counsel are also examined.

Examining the evidence cited by the court of first instance as cited by the court below in comparison with the records, the court below's decision that recognized the crime of death by assault against the defendant is just, and it is reasonable to see that the defendant's death was the result of the defendant's assault, as long as the fact that the defendant caused the death by infinite finite finites by making the victim's clothes so long as it is evident in the evidence of evidence, even though the defendant's negligence, such as delay of surgery, etc., caused the victim's death as well as the common cause of the victim's death, as long as the defendant's act was a significant cause for the result of death, the causal relationship between the act of assault and the result of the death, and it is natural that the defendant should be held accountable for the result of the victim's death. In addition, even after examining the records, there is no room to acknowledge the establishment of self-defense. All arguments are without merit.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices on the bench, applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young