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(영문) 서울고등법원 2020.08.20 2020노860
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not intend to inflict an injury on the victim E. 2) The sentence of imprisonment (five years of imprisonment, confiscation) sentenced by the lower court is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles had intention to kill victims D. 2) The above sentence imposed by the lower court of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the grounds for appeal in this part, and seven of nine jurys convicted the defendant's injury by special injury to the victim E. Accordingly, the court below rejected the above assertion by giving detailed explanation of the defendant's arguments and the judgment on it in the part of 4th to 19th to 6th 12 of the judgment. In comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. On October 1, 2014, the summary of this part of the facts charged by the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the Defendant was hospitalized into C Hospital E Hospital Emb in Seoul Special Metropolitan City, Nowon-gu, and was hospitalized into the department outside of the hospital in Seoul Special Metropolitan City, Nowon-gu on October 7, 2014, and was under the victim D’s right-hand side side of the 2nd Embroke, using the KG line, and was subject to non-cerebral and internal surgery using the KG line.

Since then, the defendant suffered from the second half of the left-hand body of the defendant, such as the total of losses caused by the second half of the left-hand body of the defendant, and the above C Hospital suffered from the aftermath disability, and damages for the reason of the medical malpractice and the violation of the duty to explain.

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