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(영문) 대구고등법원 2013.09.26 2013노149
폭행치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that a mistake of facts accused committed an assault against a victim as stated in the judgment of the court below, the victim was hospitalized with an external cerebral typosis on April 2012, which was prior to the date of the instant crime, and was suffering from livering typosis, and the victim died after 13 days from the date of assault by the Defendant, so the causal relationship between the Defendant’s assault and the victim’s death is not acknowledged.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of assault and death, thereby adversely affecting the conclusion of the judgment.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Summary of grounds for appeal;

A. According to the evidence duly adopted and examined by the lower court and the first instance court, the victim was on April 7, 2012.

4. 8. Around August, J Hospital, etc.: (a) recognized that there was a fluoral disease treated by “the fluoral wound under the fluorial cirrosis without the head’s open address; and (b) the victim was suffering from the fluoral disease of the fluoral livering horse; and (c) asserted that the fluoral and brut disease directly affected the victim’s death

D. However, according to the above evidence, the victim was assaulted by the defendant on August 31, 2012, as stated in the judgment below, around 21:30, and on September 2, 2012, the victim was hospitalized in the emergency room at J Hospital on September 2, 2012, and was hospitalized in the emergency room at J Hospital on September 3, 2012, and the state of the situation has deteriorated, such as loss of consciousness, etc., was moved to the F Hospital on September 3, 2012, and was hospitalized in the middle patient room and received treatment. On September 13, 2012, the victim died as the "foreign cerebral cerebral typhism" on or around 06:43, 2012. In other words, the following circumstances recognized by the above evidence are: (i) the "foreign cerebral typhal typhism" was mainly caused by external shock or shock, etc.

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