2017No277 Injury by survival

A

Both parties

Park Jong-dae, Lee Jae-ho, and Lee Jae-ho

Attorney AM (National Ship)

Daegu District Court Decision 2017Gohap27 Decided May 31, 2017

September 28, 2017:

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

1. Summary of grounds for appeal;

A. Defendant

(1) misunderstanding of facts

The Defendant was not injured by her mother, and her mother died therefrom.

However, the lower court did not err by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) Unreasonable sentencing

In light of the various sentencing conditions of this case, the sentence (six years of imprisonment) imposed by the court below is too unreasonable.

(b) An inspection;

In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. As to the defendant's assertion of mistake of facts

1) The judgment of the court below

The lower court also argued to the same effect as otherwise alleged in the grounds for appeal, and the lower court, which was proceeding with a participatory trial, found the Defendant guilty of the instant facts charged by adopting a jury's unanimous verdict of conviction, and rejected the Defendant's assertion.

2) The judgment of this Court

A) According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

(1) On-site and circumstances at the time of reporting

(A) On October 2, 2015, the Defendant reported on the instant case, at around 22:53, 119, “I am satisfy, I am sat, I am satfy, I am satfy, I am sat.”

(B) On October 2, 2015, F, andN, who were reported by the Defendant, arrive at the instant site around 23:04, around October 2, 2015. At the time, the victim was covered by the instant inside of the instant bank, and the blood pressure was relatively normal or beered at the level of food reaction only to the pain gap.

(C) On-site identification conducted on October 3, 2015, 02:15, 02:15, on-site, TV turned on TV inside the victim’s residence, and he was found to have been covered by bloods, and was not found to have been found to have been scattered. Moreover, on-site identification, 2 points were found to have been found to have been cut of mototos (150-200cavokes) and upper maths and maths.

On the other hand, the entrance, string, and oil fingerprints in the entrance and room were not observed, and there was no scam of the outside person inside the house, such as scam scams, in order to steals the object, and there was no scam scamscamscamscamscamscamscamscamscamscamscamscamscaming from the defendant's dwelling place to the defendant's dwelling place at the village 20 meters away from the defendant's dwelling place, and there was no confirmation that the outside person was entering the defendant's house direction (Evidence of evidence records 308 pages and the CCTV images as above are confirmed to have returned to 21:19,

(D) At the time, the fire fighter entered "F" into the "emergency medical services log," "F" and "F will go beyond her guardian," and in this regard, at the investigative agency and the court of the court below, "F had a very serious part of ice scambling on the side, but the guardian was not the doctor but the guardian's oral statement." "I have to go beyond her house's scambling level and go beyond her house's upper level, it was doubtful that there was no doubt that it was above her house's upper level and there was no doubt that it was above her spot, and that it was hard to view that it was beyond her house's (emergency) report and it was difficult to see that it was beyond her house's upper level, but it was judged that F continued to be in excess of her situation at the time of the emergency medical service."

(E) In addition, in the court below's decision, F made a statement to the effect that the Defendant was under the influence of alcohol, and the Defendant was able to see the white paper on his hand, and that the Defendant fell under the Ganman's screening by using hhono’s voice, but he was not able to see the patient.

(F) On October 3, 2015, the victim entered the emergency room for movable property and the doctor J at the time reported to the police around October 3, 2015, to the effect that there was no place to go beyond the house, as a result of the diagnosis that there was no place to go beyond the house, the victim’s inner part of the victim’s internal part of the emergency room for movable property medical care, and blood transfusion around the eye. (2) The victim’s death and the result of autopsy was reported to the police around 01:20.

(A) On October 5, 2015, the victim died of cerebrovascular and cardiopulmonary suspension around 14:20 on the same day while being transmitted to the Seogu Hospital and received treatment.

(B) On October 21, 2015, the legal officer 1 of the National Scientific Investigation Institute affiliated with the victim submitted the following “written autopsy and appraisal” to the National Scientific Investigation Institute.

1. A kidne 147 cm and 45 km in body form a red-rayed part on the side of the red-rayed part of the body, and the body diameter remains in the main part of the body. A body diameter test 2. Head: the opinion expressed by the Do Governor on the left part of the mast part of the mast part (2.3 x 1.4 mm in size): The math part of the mast part shall be reported, and the math part of the mast part shall include the mast part, and the math part, the mast part, the mast part, the mast part, the mast part, the boundary of which is unclear in the front part of the mast part, the left part of the eye and the blood transfusion of the inner part of the mast part of the mast part shall be reported, and the math part of the math part shall be changed due to corruption in the front part;

봄, 위턱의 치아는 없고 아래턱 앞쪽의 치아가 5개만 남아있으며 위 아래입술에서 구강점막의 출혈을 봄다. 목: 우측 턱뼈각 아래와 목앞부위, 우측 쇄골오목에서 국소적인 표피박탈을 보고, 우측목빗근에서 봉합된 도관 삽입혼을 봄라. 몸통(생략)3. 내경검사가. 머리1) 두피 전체에 피하출혈이 형성되어 있고 좌·우측 측두부에 근육내출혈이 형성되어 있는소견을 보나 좌측 안와 상벽의 부분적 골절 외 두개골의 골절은 보지 못함2) 유동성 경막하출혈이 좌·우측 대뇌 표면에 얇게 덮여 있는 소견을 보고, 좌·우측 중간머리우묵과 앞머리우북에 소량의 경막하 출혈이 고여있는 소견을 보며 뇌실질에서 뚜렷한손상을 보지 못함나. 얼굴: 전체적으로 피하출혈과 근육내출혈이 형성되어 있고, 좌측 관골상악골 복합체의골절(Zygomaticomaxillary complex fracture, 좌측 관골, 좌측 상악골, 좌측 안와 하벽, 좌측 안와 외벽의 골절)과 이로 인한 좌측 턱관절의 탈구를 보며, 좌측 안와골절과 함께 시신경의 안구 부속기가 골편 사이에 끼인 소견을 봄다. 목: 광범위한 경부 연조직 출혈을 보고, 경부 연골의 골절은 보지 못하나 앞세로 인대의출혈을 동반한 5번 경추의 골절을 봄라. 몸통1) 우측 옆구리에서 발생 후 시간이 경과한 피하출혈을 보고, 좌·우측 견갑부와 등허리에서 근육내출혈을 봄2) 좌·우측 쇄골 아래에 넓게 형성되어 있는 연조직 출혈을 보고, 흉골 3~4간 및 우측 3번 늑골의 골절을 보며, 좌·우측 샅부위에서 주사침흔에 동반된 연조직출혈을 봄3) 대동맥이 전체적으로 확장된 상태로 복부대동맥에 대동맥류가 형성되어 있는 소견을

B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. H. H. H. H. H. H. H. H. H.E. H. H. H.E. H.E. H. H.E. H.E. H. H.E. H. H.E. H.E. H.E. H.E. H.E. H.E. H.E. H.E. H.E.E. H.E.E.M.E.M.E.E.E.M.E.E.E.M.E.E.E.M.E.E.M.E.E.E.M.E.E.E.M.E.E.E.M.E.E.E.M.E.E.M.E.E.E.E.E.M.E.E.E.M.E.E.M.E.E.E.M.E.E.E.E.E.E.E.E.E.E.E.E.M.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.E.M.E.E.M.M.............................................................................D..........................

5. On May 1, 200, the first instance medical records and the first instance medical records of the movable medical center were examined. In addition to the above clinical process, there were opinions from the 119 first aid team at the site, and the dratant had blood pressure maintained at a relatively normal level to the degree of reaction to the pain, while the dratant was in a relatively high state to the degree of pain. On the other hand, immediately after the transmission to the movable medical center, the dator showed shock symptoms, such as respiratory difficulty, blood pressure and beer, reduction of datum emissions, eatum eatum emission, and eatic acid eatum, etc., and the progress of joint signature was seen to have been seen to have been seen to have been seen to have been seen to have been seen to have been seen to have been seen as having been reasonably damaged by the dator at the time when the dator was sent after the dator, considering the fact that there was serious decrease in the blood coatant in the e’s.

(C) I’s original legal statement in the court below

- The bones was set at large angles, and the bones was strekeed. The scope of the bones was not simply strekeing, but even strekeing around the surrounding area, and even strekeing the streke. The scope of the streke section was extremely large. There were several fields of strekeing, tissue strekeing, and strekeing blood. In order to generate strekeing blood, it must be shocked at least in that part.

The impact of experience is not only one time, but also several times.

‘‘(Ch - The strong external strength was the same in front of the face, and the head seems to have been the same as the strong external strength, and the head was the external strength of frequently speaking on the left and right side. The head also has the ability to keep the head in mind. The head was in a hole for a long time or the upper part of the body in the drafting. The head was in both sides. When considering both sides, it is possible to see that the external strength with the side of the cover, the external strength with the side of the cover, the drinking, or the upper part of the fluor, or the fluored floor, regardless of the fluored floor. The internal wall and the outer wall that can be seen at the level of the emergency room, which can be seen from the emergency room, have been broken, and the inner part of the eye that cannot be seen in the emergency room, was broken up to the upper part above the bones of the mouth where the inside part of the inner part of the emergency room is enclosed.

- beyond the autopsy practice, there is no string of the bones, and the head is head. I often put in the wall of the common sense. The occurrence of these expressions in this violence is examined several times.

--- If the bones of the verted body is reduced, the skin (if damaged) has no credit.

- Influoring, fluoring, fluoring, or fluoring the head of the atmosphere, it is not an abortion. It is not an abortion. It is judged that the blood transfusion of the left inside and outside of the atmosphere has become the outer ability, and that the blood transfusion has been spreaded and the other is another problem.

(3) K professor’s opinion

(A) written opinion dated 6, 2016

1. The cause of the victim’s death is the injury of two dubs, the left-hand side, the upper-hand side, the upper-hand side, and the upper dubs. 2. Even if the victim’s injury had a strong external capacity on the left-hand side of the upper-hand side, it can be said that there may occur upper-hand bodies around the left-hand side due to a strong external force, and it may be accompanied by the two dubs of the upper wall around the left-hand side, the upper-hand side of the upper-hand side of the upper-hand side, and the upper side of the head of the victim may not be readily determined to have been caused by a dubal surgery. The upper part of the victim’s inner part and the head may not be concluded to have been caused by a strong external shock of the upper-hand side of the victim’s internal part, and it may be caused by a repeated shock of the upper-hand side of the victim’s body.

수도 있다고 판단된다. 이 사건의 피고인이 주장하는 바와 같이, 계단에 앞으로 전도되면서좌 이마 부위를 지면에 충돌하면서 생길 수도 있다.4. 부검기록에 의하면 5번 경추의 골절이 동반되어 있다고 하는데, 이는 감자기 과다하게목이 뒤로 젖혀져 생긴 것으로 보인다. 이는 또 다른 외력에 의한 것이라고 보기보다는 좌측 안구 주위(좌측 눈위 이마 부위)에 강한 외력이 작용했을 때 고개가 뒤로 젖혀지면서 발생한 것으로, 피해자가 서 있을 때 주먹 등을 이용하여 강한 힘으로 좌측 이마 부위를 가격한 경우라면 통상 사람의 몸이 뒤로 나가떨어지기 때문에 충격의 힘이 흡수되어 경추의 골철을 일으키기 어렵고, 누워 있는 상태에서 가격한 경우는 목이 뒤로 젖혀지지 않기 때문에경추 골절이 일어나기 어렵다. 따라서 피해자의 사망을 일으키게 된 외상은 주먹 등으로 폭행으로 발생하였을 가능성보다는 피해자의 몸이 앞으로 전도되면서 상처를 받았을 가능성이 높으며 보다 합리적인 설명이라고 판단된다.5. 피해자를 앞으로 강하게 밀어 넘어뜨려 (또는 피해자의 몸을 앞으로 팽개쳐) 피해자가벽면에 왼쪽 눈 이마 부위를 강하게 부딪히면서 고개가 뒤로 젖혀지는 상황이 되는 경우에는 이 사건과 같이 피해자의 손상이 발생할 수 있다.6. 회음부의 소음순과 질 입구의 점막의 국소적 출혈이 있으나 부검사진에서 보는 바와 같이 점막하 출혈이 매우 까맣게 보이는데, 이는 신선한 출혈로 사망시 24시간 이내의 손상일 가능성이 높다. 따라서 이를 성과 관련된 손상으로 단정할 수 없으며, 피해자와 같이 의식이 없는 상태에서 병원 치료를 받는 경우 스스로 소변을 볼 수가 없기 때문에 치료 과정에서 소변을 받아 내기 위하여 도관을 삽입하는 과정에서 의료진의 실수로 발생하였을가능성을 배제할 수 없다.

(B) K's statement in the original court below

- The strong external strength on the left-hand side has played a strong external strength, and is accompanied by two upper walls around the left-hand side, a multi-fluoring diverosis and a wide range of two sub-explosion around the left-hand side, and the above injury may occur due to a strong shock of the body of the victim's inside and outside of the left-hand side, and the body of the head's inside and outside-hand side of the victim's body can be caused by the strong shock of the body that caused the above injury. This is because the body of the victim's eye and the body of the body around the snow is blick and all parts of the body around the snow are attached, and the shock is strong.

The left-hand eye was shocked on the left-hand eye, so far as the left-hand left-hand side is sected, and the right-hand side is not shocked. The left-hand side of the Amama, the left-hand eye, ebbbal, and the eye was shocked on the eye of the eye. The right-hand eye can spread even if there is no external strength.

좌측 눈 위에 열창, 피부가 찢어졌다. 그 상처가 있고 경추골절이 있고 그 사실이 같이 일어날 수 있는 상황은 사람은 맞아서 그렇게 잘 안된다. 대부분 추락이거나 넘어질 때 일어난다. 이불 위의 혈흔이나 피해자의 머리카락이 두 뭉치 발견된 점을 보고 피고인이 피해자의 머리카락을 잡고 머리를 뒤로 젖힌 후에 방바닥에 강하게 내리치는 방법으로 상해를 가할 수도 있다는 의견을 가하는 것은 전혀 불가능하다. | 사람 주먹이라는 게 아무리 세더라도 사람 뼈를 잘 못 부순다. 할머니는 가볍기 때문에 순간에 나가 자빠진다. 뼈가 부러지려면 정지된 물체에 부딪혀야 부러진다. 사람이 방바닥이나 계단이나 벽에 부딪히는 충격이 사람 주먹보다는 더 강하다. | 경추골절은 목을 흔들어서 발생할 수 없고, 교통사고 이런 엄청난 속도와 빠른 힘이 작용하거나 그 다음 추락, 앞으로 전도, 뒤로 전도일때 목이 젖혀질 때만 생길 수 있다.

만약에 어떤 발이 걸려서 앞으로 넘어지기 시작해서 장롱 벽 아래쪽에 이마를 부딪히게 되면 고개가 뒤로 젖혀진다. 경추골절이 올 수 있고 안구손상이 올 수 있고 두피하출혈 올 수 있고 이 모든 것이 다 한 번에 일어날 수 있다. 사람 몸이 날아가서 벽에 부딪히는 순간 손상은 크다. 주먹보다 더 크다. 피해자가 날아가다가 장롱 아래 부딪혔다. 정신을 잃는다. 장롱 사진에 의하면 문짝이 안으로 밀려들어간 흔적이 관찰된다. 장롱 부분의 하얗게 된 부분, 최근에 들어간 것이다. 혈흔과 함께 종합하면, 피해자가 문턱 쪽에서 안방으로 들어가다가 앞발, 뒷발 중 하나가 걸렸다. 걸리고 몸이 앞으로 비상한다. 좌측 눈 부위가 장롱 아랫 쪽에 충돌한다. 이 정도 사람 몸이 날아간 충돌이면 충분히 이런 골절이 일어날 수 있다. 두피하 출혈이 일어날 수 있다. 그리고 그 충격 하나로 목이 뒤로 젖혀져서 경추골절이 일어날 수 있다고 생각한다. 뇌진탕 때문에 혈흔이 생긴다. 뇌압이 올라가서 극심한 두통과 토하게 된다. 코안에서 흘러나간 피가 같이 토하면서 묻어 나온 것이다.

The head of a very rough tash is set off. In the case of a son's son, it is placed on the floor of the guns assembled at the guns, but scambucks and hands. There is no defense shaking. The senior citizens are also trying to kill himself. The son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's spack.

(4) On the day of the victim and the defendant

(A) At around 08:00 on the day of the instant case, the victim visited a public health clinic located in U for the purpose of vaccination. After that, the victim visited AO public health clinic, who visited a usual coffee on the day of the instant case, and returned to the community hall at around 19:30 (Evidence Record 250 pages).

(B) On the day of the instant case, the Defendant visited the victim and the public health clinic, and sleeped in the house at around 17:30 to 18:00, and the Defendant sleeped in the house at around 17:30,00. At around 19:0, the Defendant sleeped in the house with the victim and the public health clinic. At around 20:0, the Defendant sleeped in the middle of the week, and sleeped in the middle of the week, and sleeped in the middle of the week and at around 19:00. (Evidence record 251-252, 270)

(C) Meanwhile, at around 21:08, the shape of the Defendant’s returning to Korea by driving a vehicle was taken in CCTV installed in the “AD” located in the Seongbuk-gun, Seongbuk-gun, Seongbuk-do (Evidence No. 302 pages). The Defendant returned to the right side and back side by leaving the front and rear wheels away from the 100 meters away near the dwelling place. At around 21:19 at the time, the CCTV of the community hall was taken in a manner that the Defendant walked while walking, and enters the dwelling frame (Evidence No. 308 pages).

(5) The Defendant’s statement (A) on the day of the commission of the crime was made by the first police, and 119 reported to the hospital (the victim was not considered to go beyond). It was well-bred by entering the house and entering the house at three times, and it was frightened. It was frightly cut down under 10 years, and was frighted up and frighted. There was a fright for a hole to spread. There was no 2 years prior to now, and there was no fright to ask for a frighter. It was then frighted to frighter and frighted to fright to fright the frighter, and it was frighted to frighted to fright the frighter and frighted to fright to fright, and it was frighted to fright the fright to fright to fright to fright, and it was not frighted to fright to fright.

(나) 또한, 피고인은 검찰에서, "양념장을 만들기 위해 파를 몇 뿌리 뽑아서 그 것을 가지고 집 대문을 밀고 들어갔습니다. 그리고 대문 바로 옆 마당에 있는 쓰레기통 앞에서 파의 겉껍질을 손으로 벗겨내서 쓰레기통에 버린 다음, 현관 댓돌 계단을 올라가서 미닫이문을 열고 들어가서 긴 마루로 들어갔습니다. 제방 텔레비전을 켜고 다시 마루로 가서 바지를 츄리닝으로 갈아 입었습니다. 부엌으로 가서 싱크대에 도마와 칼을 이용하여 파를 총총 다졌습니다. 그 후에 간장이 없어서 간장통을 들고 마루로 가서 장독대로 가려고 마루에서 밖을 쳐다보니까 너무 깜깜해서 간장을 뜨기 곤란하겠다고 생각을 하여 다시 그냥 부엌으로 가서 다듬은 파를 그릇에 담아 비닐봉지에 싸서 냉장고에 넣은 후에 도마와 칼을 씻었습니다. 그 후에 제 방에 가서 쉬기 위해 마루로 나와 제방으로 가던 중 모친 방을 지나가는데, 뭔가 예감이 이상했습니다. 그래서 앞으로 가다가 다시 뒷걸음을 쳐서 모친 방을 들여다봤습니다. 방을 들여다 보니까 모친이 이불을 머리 밑에서부터 허리까지 뒤집어쓰고 있었습니다. 그래서 제가 모친 방으로 들어가서 이불을 걷어내면서 '엄마요'라고 불렀는데 모친을 보니 두 손을 이마에 대고 엉덩이를 위로 쳐들고 이마를 바닥에 대고 있었고, 피가 흥건하게 엉망이 되어 있었습니다. 그때부터 제가 정신이 없었습니다. 그래서 바로 저의 방 입구 나무기둥 옆에 있는 전화기를 들고 119에 바로 신고를 하였습니다."라고 진술하였다.

(다) 또한, 피고인은 "경찰관으로부터 '모친이 맞아서 그렇게 된 것 같다'는 얘기를 듣고서 제가 그 날밤에 집으로 들어와서 모친을 발견할 때까지 했던 행동에 관하여 조사를 받았고 그 후에도 그 부분에 관하여 제가 놓친 것이 있는지 곰곰이 생각을 했는데 위에서 진술한 외에 더 한 행동은 전혀 없습니다."라고 진술하였다.

(D) On the issue of whether the victim's room was flicked at the time, and whether the television was flicked, the Defendant stated that "I will not memory as to whether he was flicked, or not he was flicked. The television is not flicked, and it is not correct now, because the television is not flicked. It is the same as "I will flick".

(E) The victim’s visit refers to a situation in which the floor and the kitchen are opened towards the house, and the defendant returned to the floor of 20 minutes after entering the house, and even if he worked at the kitchen, he did not discover the victim at all, the defendant stated that “I thought that he did not enter the house, because he did not have any way even if he entered the house, and did not look at it until he did so.”

(6) The daily life of the defendant and the victim

(A) Q, the Defendant’s dual-type system, in the police station, read “(the Defendant’s youngies and children)” as well as “I will have tried to proceed to divorce.” The Defendant stated that “I would like to make a call at our house when drinking only, and I would not want to do so. I would like to do so. I would know that I would not use violence directly, and would not use violence to my family. I would like to know that I would like to know that I would not use violence against the Defendant’s family.”

(B) In addition, Q would not be deemed to have exceeded it, and Q would not be able to bring about it. It is the word that it would not be any reason. It would not be any more. It is health that the mother will be able to live up to 100," and "on account of money, I would like to .... I would like to see that there is any other reason. I would like to not change the money that is short of the money. I would like not to ask for the money that the victim would go to another person's appearance. I would like to punished money. By up to that year, I would like to see where I would like to have the other person's appearance. However, I would like to be written. I would like to say that there would be no person who would have been able to do so, and that the other person would not be able to do so." I would like to say that I would not think that there would be any problem.

(C) The Defendant’s female M was old at the police station, and the Defendant stated that “The Victim began with a little dementia from three months prior to the date of the case, and her age reaches the age, and that there was no open room for other things,” and that “I have received a little amount of money when there is no property, and when there is little little amount of money to do so, it is difficult for the Defendant to do so, because there is no kind of nive, nive, and punishment because there is no kind of nives.e., because there is a year, it is difficult to do so. It is difficult for the recipient to do so.” It is also difficult to say that the recipient is the same as that he died because there is no nives and is in excess of the dementia.”

(D) AP residing in the back of the Defendant stated at the police that he was well aware of the Defendant’s her life at the back and back of the police for a period of more than two years, and that he did not specifically dispute the Defendant’s drinking, or did not directly appear with the Defendant, even though he had a large tendency to drink the drinking, and that he did not have any direct witness to do violence with the victim. AP residing in the front of the Defendant’s house stated that Q Q, who was living in the front of the Defendant’s house, was unable to listen to the sound, etc. against the Defendant

B) Relevant legal principles

In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench on the recognition of facts is effective as a recommendation to assist the judge of the fact-finding court who has full power over the preparation of evidence and fact-finding under the principle of substantial direct examination and court-oriented trials. In case where the jury participated in the whole process of the examination of facts, such as examination of witness, and the verdict of innocence issued by unanimous opinion on the admission of evidence, such as the credibility of witness's statement, is adopted as it is in conformity with the trial of the full bench, the first instance court's determination on the admission of evidence and fact-finding conducted through such procedure needs to be respected unless there are substantial and clear opposing circumstances through new examination of evidence in the appellate court (see, e.g., Supreme Court Decision 2005Do1659, Mar. 25, 2010).

C) Specific determination

In light of the above legal principles, the fact-finding and judgment of the court below are justified, and there is no error of law by misunderstanding the facts as pointed out by the defendant. Therefore, the defendant's ground of appeal disputing a mistake of facts is without merit.

(1) The fire fighter or the doctor in charge of an emergency room who initially discovered the victim except the defendant, reported the victim's injury, and made a strong doubt of the injury caused by the assault despite the defendant's statement that the victim would have been injured, and reported to the police.

(2) As a result of the autopsy, the victim suffered a serious injury to the extent that the inner part of the Sinene is to be affected by the body of the victim, together with the structural part of the body of the body of the victim (the upper part, the left part, the upper part of the left part, the inner part and the lower part of the left side, and the outer part) of the body of the body of the victim, together with the structural part of the left part of the body of the body of the victim. As such, it is difficult to recognize that the body of the victim was damaged by the victim's bodily part beyond the victim's injury by taking into account the results of autopsy conducted by the doctor of the law who directly examined the body of the victim, and the outer part of the body of the victim is considerably wide, and at least the scope of the body of the body of the victim was caused by an internal part of the body of the victim.

(3) Meanwhile, K professor stated in the first written opinion that he had gone beyond the stairs, and the court below stated that the victim was highly likely to suffer the injury of this case because he was faced with the shock, but first, it was found in the victim's residential area where the victim was the shock, and if the victim was in excess of the third part of the entrance of the defendant's house entrance, the victim's body did not have the upper part of the victim's body, such as the face, in spite of the fact that the body of the victim was in front of the front part of the front part of the entrance of the defendant's house, and that there was no other external part of the victim's body, such as the wound, etc., or that there was no other external part of the victim's body that seems to have been in excess of the shoulder, etc. on the stairs, it cannot be deemed that it was in excess of the victim's stairs.

(4) Next, upon examining whether the injury of this case was inflicted upon the left head of the sexual harassment. K professor emphasizes the victim's face, but it is possible to do so one shock, which means that the victim can face under the lower part of the sexual harassment, because the victim suffers from an emergency, and the victim can do so. However, the victim's room is only a small room to the extent that the victim would be mixed with the victim, and the victim is not easy to move to the same age of 86 years of age, so it is difficult for him/her to see that the victim might face the victim's body in the process of assaulting the victim's face, such as assault and sloping, but it is difficult for him/her to find out that the victim's opinion or knee in the process of spreading the victim's body to the extent that he/she would not suffer from an injury to the victim. However, it is difficult for him/her to find out that the victim's opinion or knee in the process of spreading the victim's body in the past.

(5) Although the Defendant returned home at the first police station, according to each CCTV installed in the Defendant’s movement route, he was confirmed to have returned home at about 21:20, and he had been staying in the Defendant’s residence for about 1:30 minutes until he reported (22:53) in 119. However, even if the Defendant’s act was based on the Defendant’s statement, the Defendant’s act was extracted in order to create a good faith, and was entirely included in a cooling house. This is about 20 minutes of the act (20 minutes of the on-site verification was required. 1,226 pages of the evidence verification), and the Defendant did not properly explain what is the rest of 1:30 hours (if the Defendant took place at one’s domicile for about 6:30 minutes as the Defendant’s argument, it is natural that the Defendant needs to explain about his act until the time he reported).

(6) The police stated that the Defendant reported the victim's television from the main room to the victim's room by considering that the shape was abnormal, and that the Defendant reported the victim's television to the main room, but the prosecution stated that the television from the victim's room was not flick but flick, so that the television from the victim's room does not turn on, and that the same was flick, and some statements on the process of finding the first victim are not consistent.

(7) In addition, as seen earlier, the Defendant reported the victim's body to 119 after the fire brigade discovered the victim's body. However, it is somewhat difficult to accept that the fire brigade reported the victim's body to 119 after covering the victim's body again, even though the Defendant confirmed the victim's status after he discovered the first victim's body.

(8) The Defendant had been living together with the victim for a long time. On the day of the instant case, there was no other person than the Defendant and the victim, and there was no other person at all when the victim is married. In full view of the question about the Defendant’s criminal records and the circumstances leading up to the Defendant’s report, etc., the instant injury is deemed to have been caused by the Defendant’s act, not by the third party, rather than by the third party.

(9) In addition, the Defendant seems to drinkly drink at ordinary times on the day of the instant case, and the fire fighters who had been driven in the course of the vehicle and called out on the day of the instant case drink to the extent of crossing snow, and upon the withdrawal of alcohol, the Defendant used violence against his wife or children in the past, and the Defendant seems to have suffered economic difficulties to the fire fighters to the extent that he would have been fluencing out of the daily life security guards as he left in the examination of the recipients of basic living security, while the Defendant was able to get out of the fire fighters to get out of the way, while the victim tried to have fluencing out the money to the neighbors, it seems that the victim might have been somewhat deprived of the victim who could not get off money from the Defendant’s point of view. In light of the fact that the Defendant’s drinking and economic difficulties on the day of the instant case, etc., caused multiple injury to the victim and thus, appears to have been inflicted by the Defendant.

B. Examining the various sentencing conditions in the instant case on the assertion of unfair sentencing by the Defendant and the prosecutor, the following are the circumstances favorable to the Defendant: (a) the Defendant, who lives together with the victim, who is a mother of the long time, and supported the victim who has difficulty with dementia; (b) the Defendant appears to have committed the instant crime in a sudden and contingent manner; and (c) his/her wife and grandchildren, who are his/her bereaved family members, desire to take the Defendant’s preemptive action in the lower court’s trial.

On the other hand, the crime of this case results in the victim's bodily injury, such as the victim's dubalone and dubalone, by means of cutting down the victim's head debt and dubalone faces death. The crime of this case is very poor in light of the method, content, degree of injury and the relationship between the defendant and the victim, etc. The crime of this case is committed, and the defendant's dubal crime of this dubal crime of this case has resulted in the victim's dubal accident where her life cannot be lost during the long period of time. The victim's dubal crime of this case was committed by her mother. The victim seems to have been aware that her bereaved family members, who were not able to be able to be sentenced unilaterally by violence from her mother, and the victim's dubalone and dubal one's family members, and thus, it seems that the defendant suffered from an uncomfortable mind, despite being contrary to the defendant's personality and behavior, and the defendant's motive and circumstances were considered more difficult.

Therefore, the defendant's ground of appeal disputing unfair sentencing is without merit, and the prosecutor's ground of appeal is with merit.

3. Conclusion

Thus, the defendant's appeal is without merit, but the prosecutor's appeal is with merit, so the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is

[Grounds for a new judgment]

The summary of the facts constituting an offense and evidence. The facts constituting an offense and the summary of the evidence recognized by this court are identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 259(2) and (1) of the Criminal Act (Appointment of Imprisonment with prison labor)

The punishment shall be determined as per the order within the scope of the recommended sentence set in the sentencing guidelines (five to six years of imprisonment) by taking into account the various sentencing conditions in the grounds for reversal prior to the reasons for the sentencing.

Application to the presiding judge;

Judge Lee Jong-soo

Judge Doo

1) In this regard, the fire fighter stated in the court below that the fire fighter stated that it is a situation in which patients can be confirmed in the past.

2) 1. Scope of applicable sentences under law

From 5 to 30 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

1. Where the result of the death of the third category of bodily injury has occurred in general.

[Special Aggravationd Persons] Aggravationd: Victims who continue to exist, victims who are vulnerable to crimes.

[Scope of Decision and Recommendations] Special Priority Area, 4 years to June 10

3. The scope of revised recommendations;

Imprisonment from 5 to 10 years (in case that the scope of sentence recommended in the sentencing guidelines is inconsistent with the scope of applicable sentences under the law, under the law applicable sentences); and

I shall be subject to Korea)