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(영문) 서울고등법원 2019.05.17 2019노281
상해치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not go beyond the victim’s price by drinking the victim, but rather go beyond the back by the victim himself. The Defendant could not have predicted the result that the victim died, and the causal relationship between the Defendant’s price act and the death is not acknowledged. 2) The lower court’s sentence is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. The Defendant asserted the mistake of facts and misapprehension of legal principles in the lower court, and the lower court rejected all of the Defendant’s arguments on the grounds as stated in its reasoning.

The evidence duly adopted and examined by the court below, in particular, according to CCTV images at the scene of the crime of this case, it is confirmed that the defendant was faced with the head of the victim immediately after the defendant's act of selling and smugglinging the victim, and the victim was faced with the asphalt road and the victim was unable to move.

The defendant may also confirm the price of the victim while he was out of the court room at the time, and the face of his body being sealed by him.

In addition, according to evidence duly adopted and investigated by the court below, it is probable that the defendant could have predicted the result of the victim's death due to the defendant's act of selling and smuggling the victim's drinking. And the causal relationship between the defendant's act and the victim's death is sufficiently recognized.

Therefore, the defendant's assertion disputing this is without merit.

B. The lower court, as indicated in its reasoning, determined a sentence within the sentencing criteria by comprehensively examining the circumstances unfavorable to the Defendant and favorable circumstances.

A thorough examination of the sentencing factors recognized by the record is that the punishment determined by the court below is too heavy or minor.

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