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(영문) 대구고등법원 2019.06.26 2019노180
폭행치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the event of the instant crime, the Defendant was aware of the fact that he was the victim’s chest part at the time of the instant crime, but was unable to anticipate that he was the victim’s death by facing his head on the floor as he was later faced. (2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as that of this part of the grounds for appeal, and on the basis of the legal principles and circumstances as stated in its reasoning, the lower court determined that it was reasonable to view that the Defendant could have predicted the fact that the Defendant might have died due to the Defendant’s assault beyond the floor at the time of committing

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant, at the main point, by pushing the victim’s chest, under the influence of alcohol and causing the victim to face with his hair on the floor, thereby causing the victim’s death. As such, the result of the instant crime was very serious in that the victim lost his minor life.

Moreover, the circumstances after the crime are not good, such as leaving the scene, because the defendant neglected the victim who was written after the crime, and 119 first responds to the 119 first responder, and thus leaving the scene.

The defendant was unable to receive statements from the bereaved family members of the victim.

Meanwhile, the Defendant is subject to criminal punishment exceeding a fine.

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