Whether punishment shall be imposed in accordance with the precedent of co-principal in a case where an independent act of injury or assault, which has a difference in time, takes place as a result of death, and where it is not proven that the act of death was caused (affirmative)

If an independent act of injury or assault with time difference occurs due to the competition of the act of injury or assault and the result of death is not proved, it will be punished according to the precedent of co-principal.

Article 263 of the Criminal Act

Supreme Court Decision 80Do321 Decided March 10, 1981 (Gong1981, 13853), Supreme Court Decision 84Do2118 Decided May 14, 1985 (Gong1985, 866)

Defendant

Defendant

Attorney Kim Jong-chul

Seoul High Court Decision 99No3494 delivered on May 25, 2000

The appeal is dismissed. 60 days out of detention days after the appeal shall be included in the penalty in the judgment of the court of first instance.

The defendant and public defender's grounds of appeal are also examined.

It is reasonable for the court below to dismiss the defendant's appeal by maintaining the first instance court's judgment convicting the victim of the crime of this case, which caused the death, as it was examined by comparing the evidence admitted by the court of first instance with the evidence admitted by the court below.

The court below did not properly examine the case and did not err by misapprehending the rules of evidence in finding facts against the rules of evidence.

In the event that an independent act of injury or an act of assault, which has differences in time, results in death, and the act of assault is not proved to have caused such death, it shall be punished according to the co-principal's order (see Supreme Court Decision 84Do2118, May 14, 1985). Thus, in order to punish the defendant as an act of assaulting death on the ground that at intervals of time remaining two hours, the defendant committed the crime of this case, which is the second harmful act, the second harmful act, and that the victim was dead and the cause of the death is not known, the judgment below which punished the defendant as an act of assaulting death is right and wrong and there is no

In this case where a minor sentence is imposed more than 10 years of imprisonment, it does not constitute a legitimate ground for appeal.

We cannot accept the arguments in the grounds of appeal.

Therefore, the appeal shall be dismissed, and 60 days of detention days after the appeal shall be included in the sentence of the first instance judgment. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Shin Shin-chul (Presiding Justice)