The case holding that there is a proximate causal relationship between assault and death

If there is a proximate causal relation between the act of assault by the defendant and the death of the victim, if the death of the victim was caused by a series of acts, such as assault and violence, etc. committed by the defendant to see the fear of extreme fear, and the act of assault and the death of the victim took place in order to avoid the escape and fall.

Articles 17, 262, and 259 of the Criminal Act

Defendant

Prosecutor

Seoul Criminal Court of the first instance (74 high-liability267)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One hundred thirty-five days of detention days prior to the pronouncement of the judgment of the court below shall be included in the original sentence.

The summary of the grounds for appeal by the prosecutor is sufficient to prove the facts charged, and further there is a proximate causal relationship between a series of acts of the defendant and the death of the victim in this case, such as the statement of facts charged, but the court below rendered a verdict of innocence against the defendant on the ground that there is no proximate causal relationship between the death of the defendant and the victim in this case, although the facts charged in this case were replaced by the facts charged, and thus, there is an error of law of mistake

In full view of the contents of the defendant's statement in the court below, the suspect examination protocol of the defendant prepared by the prosecutor and the judicial police officer on the non-indicted 1, the examination protocol prepared by the judicial police officer, and the examination statement of the non-indicted 2 prepared by the doctor. On April 7, 1974, the defendant: around 22:00, 22:00 caused the victim's name non-indicted 2 to Eul-gu, Jung-gu, Seoul to put his second floor into 7, and then he refused it; thus, he forced the defendant to go off his clothes while she forced the defendant to do so for about 1 hour and 30 minutes, and the defendant continued to go out of the above 5th of the 5th of the 3th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 196th of the 5th of the 1st of the 2nd of the 3th of the 2nd of the 3th of the 3th of the 3th of the th of the 3th of the th of the death.

Nevertheless, the court below rendered a judgment of innocence on the ground that there is no causal relationship between the above defendant's act and the victim's death. Thus, the court below erred by violating the law that affected the conclusion of the judgment. Thus, the prosecutor's appeal of this case is justified, and the judgment of the court below is not dismissed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and a party member is decided again after pleading.

1. Criminal facts;

On April 7, 1974, the Defendant: (a) was a person located in Jongno-gu Seoul Metropolitan Government (name omitted); (b) started from the front of the New World department store located in Jung-gu, Jung-gu, Seoul to find out approximately 20 years of age, and (c) walk up at the end, to find out about 20 years of age, and to see about 30 years of age, and to find out the same room where he can find out, and drink and drink in the vicinity; (d) at around 22:00 on the same day, 2, Jung-gu, Seoul and low-dong 3, and 7, and then, (e.g., she refused to comply with it, and (e., she continued to go out of the above 3rd-gu, Jung-gu, Seoul to get off and her clothes for about 130 minutes, and thus, (e.g., to escape and dump the defendant's body, and (e., to escape the above gar of the bar.

2. Summary of evidence;

1. Statement consistent with the facts in the trial records of the court below;

1. Statement that corresponds to the facts indicated in the protocol of examination of the accused prepared by the public prosecutor;

1. Statement that conforms to the facts in the judgment among each written statement made by a prosecutor and a senior judicial police officer with respect to Nonindicted 1;

1. Records consistent with the judgment from among the records of verification of the preparation of handling affairs by judicial police officers;

1. Statement that corresponds to the private person as indicated in the judgment among the death diagnosis reports prepared by non-indicted 2

3. Application of statutes;

The court below's decision corresponds to Articles 262, 260 (1), and 259 (1) of the Criminal Act. The defendant is the first offender, and the defendant is the first offender, and there are reasons to take into account the circumstances such as how his mistake is divided. Thus, the defendant shall be punished by imprisonment with prison labor for not more than one year and six months within the scope of the term of punishment for which discretionary mitigation has been made pursuant to Articles 53 and 55 (1) 3 of the same Act, and one hundred thirty-five days from the number of days of detention before the sentence of the court below shall be included in the above punishment according to Article 57 of the same Act.

It is so decided as per Disposition for the above reasons.

Judges Hong Man Pung (Presiding Judge)