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(영문) 부산고등법원 2017.05.31 2017노3
유기치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the Defendant recognized the victim’s “the victim’s serious depression symptoms,” and thereby, could sufficiently be recognized as having caused the victim’s death by neglecting the victim’s as it was, even though the victim predicted that the death could be caused.

The judgment of the court below which acquitted the defendant on the facts charged is erroneous in the misapprehension of legal principles as to the establishment of abandonment.

2. The lower court determined that “In full view of all the statements of the Defendant’s investigative agency, I, and J by each of the original trials, the Defendant’s finding of the monthly increase of his relative D was serious enough that the Defendant should immediately forward to the hospital to undergo the examination and treatment.

It is difficult to see that the Defendant was aware or could have known that the Defendant was in a serious state at the time D’s market price.

It is difficult to conclude that the Defendant, as alleged in the facts charged, has been proven without reasonable doubt, that the evidence submitted by the prosecutor alone led to the Defendant’s abandonment and death.

Considering that it is difficult to see it and there is no other evidence to acknowledge it, the defendant was acquitted.

Examining the evidence duly adopted and examined by the court below in detail, the court below was justified in finding the defendant not guilty on the ground that the facts charged constitute a case where there is no proof of criminal facts.

The court below did not err by misapprehending the legal principles as to the establishment of a crime of mistake of facts or death by abandonment, as alleged by the prosecutor.

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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