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(영문) 대구고등법원 2015.11.26 2015노218
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have a possibility of predicting the intention or result of the injury at the time of the instant crime.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, three years of suspended sentence) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts, while the defendant drinking alcohol together with the victim at the time of committing the crime of this case on the ground that the victim was unable to gather her parent, the victim took a cell phone and frighting her face and part of the victim's her face with drinking her face and her part of drinking [174 pages of evidence as a result of the autopsy appraisal, she was found to have her head and part of the victim's body her body her face and part (6 pages of evidence records) and her body her face and part (63 to 66 pages of evidence records). The defendant's her mother, who was at the scene of the crime of this case, stated that her mother, "after her death, her mother, her mother, was satched, she was satched with the victim's body and her body she was satched with the victim's body and her part of evidence]

As above, in light of the fact that the defendant committed violence against the wall by driving the victim with drinking, breathing, etc. while the defendant was boomed, etc., at least the injury to the defendant at the time of the instant case.

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