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(영문) 서울고등법원 2014.04.04 2013노3204
폭행치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six months of imprisonment) by the lower court is too unreasonable.

B. A prosecutor 1) misunderstanding of facts about the death by assault or misunderstanding of legal principles as to the defendant's death by assault 30 to 40 minutes, while the defendant continued assaulting the victim's hand booms over 30 to 40 minutes, and tightly pushed the victim's chest part, and let the victim use the victim's chest part by the shocking the wall. This may result in an injury such as the dives of the bones of the bones. For this reason, the defendant could have sufficiently predicted that the victim's death by other reasons than the defendant's assault could have been killed by his own assault. Nevertheless, the court below found the defendant guilty of the death by assault on the ground that the defendant could not have died by other reasons than the defendant's assault, and found the defendant guilty of the death by assault, and found the defendant guilty of the facts that there was an excessive causal relationship or the possibility of an unfair sentencing by mistake in the judgment of the court below.

2. Determination:

A. Before the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the prosecutor examined the facts charged at the trial of the case, and the prosecutor tried to use the victim's chest part of the defendant's chest part in the room room as it is, by assaulting the victim, thereby causing injury to the victim, such as diversified dives of the bones of the bones and a wide range of blood transfusion in annual installments.

The victim suffered from the injury and received special treatment at around 08:30 residence on April 1, 2013.

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