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(영문) 서울고등법원 2015.01.29 2014노2000
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant guilty of the death resulting from bodily injury among the facts charged, although it can be found that the defendant inflicted bodily injury on the victim and caused the death.

The sentence of the lower court (2 million won of a fine) is too unhued and unreasonable.

2. Determination

A. The Defendant is a person working as boiler manager at the 3rd engine room of Seongbuk-gu Seoul E apartment underground, Seongbuk-gu, Seoul, and the victim F (years 63) was working for the said engine room on December 5, 2013.

1) From around 19:30 on December 5, 2013, the Defendant and the victim of the assault: (a) around 19:30, the Defendant and the victim met three companies, including G, H, and I, with three members of the company located in the above engine room, and went to the office located in the above engine room after the conference was completed at around 21:10; and (b) the victim stated that “I receive a call of a civil petition from the office from the office, I, the victim’s call was defective as follows: (c) the victim stated that “I would have to go to the victim at the latest time; (d) I would go to the victim; and (e) the victim would go to the victim’s door, and (e) the Defendant and the victim were to go to a vision with each other. At around 21:30 on the same day, the Defendant 1 did so by assaulting the victim’s son at the victim’s left place, and then the victim did so at one or more times.

Ultimately, the Defendant caused the death of the victim in the Seoul Jongno-gu University on December 6, 2013, at around 05:57, the Seoul Jongno-gu University, which was located in 101, due to the Seoul Jongno-gu University.

B. Judgment of the court below.

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