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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.01.09 2019노469
상해치사
Text

The defendant's appeal is dismissed.

Reasons

The Defendant did not inflict an injury on the victim of the allegation of misunderstanding of facts and misunderstanding of legal principles.

Even if the injury was inflicted, there is no proximate causal relation between the harmful act and the death of the victim, and there is no possibility of predictability of the serious result.

On the other hand, although the defendant led to the confession of the facts charged in this case in the prosecution, it is not admissible as evidence of illegal collection for the following reasons.

First, the police forced confession, and the prosecutor's statement was made in the state that the illegal state was not resolved.

Second, although the defendant is not in Korean language, the defendant was notified of the matters stated in Article 200-5 of the Criminal Procedure Act without interpretation at the time of emergency arrest, and the prosecution still made a statement on suspected facts without interpretation, and the investigation agency violated Article 180 of the Criminal Procedure Act that "the statement of a person who is not in Korean language must be interpreted by an interpreter."

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

There is no circumstance to suspect the voluntariness of confessions, such as being forced to make confessions during the police investigation process as to whether confessions are admissible as evidence or not.

Rather, under the investigation conducted by the prosecution, the Defendant stated that “no person is subject to cruel acts, such as assault, intimidation, etc., by the police” (Evidence No. 172 pages), and there are circumstances to deem that the Defendant was in a free statement in such a state as actively denying such intention while recognizing the intention of murder (Evidence No. 185 pages). Whether procedural rights for interpretation have been infringed, “a person who is not in the Korean language” in Article 180 of the Criminal Procedure Act as to whether procedural rights for interpretation have been infringed or not, means a person who has a considerable impediment to ordinary dialogue by Korean language.

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