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(영문) 대구고등법원 2018.02.08 2017노266
상해치사
Text

The prosecutor's appeal is dismissed.

Reasons

On December 31, 2015, the Defendant: (a) deemed that the Defendant, while carrying a tourist bus on a D restaurant located in the Gyeongjin-gun, Ulsan-gun, the victim E ( South, the age of 71) and the refund of membership fees, expressed a bath for the members of the community while taking a bath; and (b) provided a horse fighting with the victim, such as taking the victim’s bath for the victim.

At around 21:53 on the same day, the Defendant: (a) opened a D restaurant with the victim as “out-of-the-way .”; (b) laid the leather 165m away from the D restaurant to the end of the F wharf’s end of the D restaurant; and (c) laid down the leather 165m away from the victim’s head to the end of the D restaurant; and (d) brought an injury to the victim’s right-hand ma and ear part to the victim.

The Defendant, at the above date, was injured by the victim at the above time, at the above time, and at the above place, brought the victim into the sea while fighting with the victim and fighting. The victim was deprived of the victim.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

The lower court rendered a judgment that acquitted all of the facts charged of this case on the following grounds.

In accordance with this part of the facts charged, there is evidence that corresponds to this part of the facts charged, ① During the legal statement of G in the original trial, G, “The defendant had a leather as to his/her day, and said, “The defendant had a leather.”

“The phrase was expressed.”

The statement to the effect that the defendant is "," and ii) during the interrogation protocol of the prosecutor's office against G, the term "for the time of peace" from the defendant.

Also, the leather has become a member of the leather.

“The phrase was expressed.”

The part in which the statement to the effect that “” was written, and ③ among the prosecutor’s statement protocol with H, when “the person who died of the date” was shakingd with the leather.

“The phrase was expressed.”

“Statement.....”

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