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(영문) 부산고등법원 2019.09.26 2019노255
폭행치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s injury by mistake of facts or misapprehension of legal principles, there is no proximate causal relation between the Defendant’s act and the victim’s injury, and since the Defendant could not have predicted the result of the injury, the crime of injury by assault is not acknowledged. 2) The punishment (eight months of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. As to the mistake of facts or misunderstanding of legal principles, the lower court denied the Defendant’s predictability on the victim’s death, but the Defendant’s assault committed a typical risk on the victim’s death, which is a serious result, and thus, acknowledged the predictability of the death. 2) The sentence imposed by the lower court of unreasonable sentencing is too uneasible and unreasonable.

2. Determination of misconception of facts or misapprehension of legal principles by the defendant and prosecutor

A. As to the Defendant’s assertion, the lower court denied this part of the facts charged while asserting the same purport as the grounds for appeal in this part. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in the “a summary of evidence” column of the judgment of the lower court, namely, ① the Defendant’s act of assault (hereinafter “instant assault”) from the Defendant’s judgment to the death of the victim, as in the lapse of time, and the discovery of the victim’s symptoms after the Defendant’s use of the instant assault and symptoms, the victim’s frame (hereinafter “the instant frame”) as indicated in the judgment of the lower court connects natural and external factors, while it is difficult to present any other internal and external factors that can be seen as the cause of the instant framework, and ② further, the causal link between the instant case and the instant frame is in accord with the assault part.

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