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(영문) 서울고등법원 2016.06.16 2016노806
중상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, such as misunderstanding the facts, the court below acknowledged that the Defendant, by breaking the victim’s face at the time of the victim’s her booming the victim’s her face, was sufficiently aware of the fact that he/she inflicted injury on the victim’s life by causing injury to the victim, such as external brain humping, and he/she could not be found to have a causal relationship between the victim’s assault and the result of injury.

In light of the above, the court below acquitted the defendant on the facts of the mid-term year and convicted him as a crime of assault. The court below erred in the misunderstanding of legal principles, mistake of facts, and misapprehension of legal principles.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. On March 30, 2015, the summary of this part of the facts charged is as follows: (a) the Defendant, in front of the E office located in Seocheon-gu, Seocheon-si D on March 13:27, 2015, in which the victim of the Marine Corps, under the influence of alcohol, booms the Defendant’s breath, while taking a bath to the Defendant; (b) booms the Defendant’s breath with her hand when her booms the victim’s face on the floor; and (c) walked the victim’s face on one occasion by walking the victim’s face on one occasion, and thereby causing danger to the life of the victim by causing injury, such as an injury, such as an external brain flag, the number of days of treatment of which is unknown.

2) The lower court determined that the Defendant’s assaulted the victim; however, the following circumstances recognized by taking into account the adopted evidence, namely, the victim was 66 years of age at the time of damage; the victim had blood pressure and blood transfusion; and the victim was in the E office from March 28, 2015 to March 30, 2015; the victim was in drinking alcohol at the E office; the amount of drinking alcohol at the time was 10 hours of drinking alcohol; and ③ the victim was in the amount of drinking alcohol at the time; and ③ on March 30, 2015, before the victim was in the instant assault from the Defendant, the victim was punished for Si expenses by taking advantage of the bus articles and flabbing.

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