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(영문) 서울고등법원 (춘천) 2018.11.21 2018노65
상해치사
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant did not inflict any injury upon the victim when he was in the lower body of the victim.

2) The lower court’s sentence (4 years of imprisonment) against an unjust defendant is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. Although the lower court also asserted the same purport, the Defendant did not accept the Defendant’s assertion on the ground that, in light of the following facts or circumstances, the lower court could comprehensively acknowledge the evidence adopted and examined by the lower court, the Defendant could sufficiently recognize that the Defendant caused the death of the victim by causing a strong shock to the parts of the victim’s clothes.

1) The victim suffered a strong external shock by the force attached to the her uniforms, and accordingly, the victim’s blood transfusions in the her uniforms are presumed to have reached approximately 800 meters of the victim’s blood transfusions in the her uniforms, according to the questionnaire of the National Science Investigation Agency (Evidence Record 435 pages), and the questionnaire of December 5, 2017 (Evidence Record 809 pages). The victim’s blood transfusions in the her uniforms are presumed to have reached approximately 30-40% of the blood circulations.

In a wide range of gire and damage to the girreging and blood transfusions, tearing, large tearing, tearing, and giringinging the girth of the strest body of the strest, which is accompanied by the blood type of the girreging mouth, hird body, forward the bones of the breging mouth, and back of the breging body, and after the breging body floor, there was a fatal injury, and such injury was a direct cause to the victim’s death.

2) It is difficult for the Defendant to eliminate the possibility of the Defendant’s loss due to the Defendant’s failure to take by water or the Defendant’s failure to go beyond the victim’s course.

The argument is asserted.

However, the hole in the lower part of the victim is 4.0cm x 3.0cm x 3.0cm.

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