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(영문) 울산지방법원 2016.12.09 2016고합215
유기치사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is the friendship of the victim D (math, 1 year old), born around C04:20, and E (the suspension of indictment on the same day) is the friendship of the said victim.

At around 17:40 on March 12, 2016, the Defendant and E found serious yellow symptoms in telegraph, such as the victim’s face, etc., and thereafter, even though there were serious problems in the victim’s health, such as failing to drink for about 18 hours continuously with the Gutoto and snow, the Defendant and E left the victim without immediately sending the victim to the hospital for proper examination and treatment, and eventually, the victim left the hospital located in Ulsan-gu G at around 15:0 on March 13, 2016, by failing to cause the victim to undergo a proper examination and treatment.

The Defendant, in collusion with E, abandoned the victim, thereby causing death.

2. Before the Defendant’s assertion of the Defendant and his defense counsel’s death, the monthly increase was not serious, and from the Defendant’s standpoint, D’s ordinary increase in the monthly market that could frequently occur to the newborn baby. However, it was difficult to find out whether D’s natural person’s death was the increase in the monthly market.

D was merely showing symptoms to increase the body before the Defendant filed a report on 119, and did not appear to be suspected of nuclear culphal. Therefore, it cannot be deemed that the Defendant, while being aware that at the time, immediately sent D to a hospital and received a medical examination and treatment, neglected it and caused the death of D.

Therefore, the Defendant’s abandonment of D at the time of the instant case did not lead to death.

3. Determination

A. The burden of proving the facts charged in a criminal trial for the relevant legal principles is to be borne by the public prosecutor, and the recognition of conviction is to be reasonable by the judge.

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