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(영문) 서울고등법원 2020.05.21 2020노90
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s defense counsel asserted misconception of facts and misapprehension of legal principles in the statement of grounds for appeal, but the Defendant and the defense counsel explicitly withdrawn the above assertion on the second trial date of the trial.

The punishment sentenced by the court below (12 years of imprisonment) is too unreasonable.

B. The sentence imposed by the court below is too uneasible and unfair.

2. The judgment below held that the Defendant, who was living together, did not listen to the Defendant’s speech that the Defendant was sent late to the Defendant’s Kakakao Stockholm message and that the Defendant’s body was sent to the Defendant’s house, thereby causing injury to the Defendant’s body, such as cerebral cerebral cerebral le, cerebral cerebral lephe, and cerebral lephe, and resulting in death.

In light of the fact that, as a result of the autopsy against the victim, multiple joints and deprivation of spons and spons are discovered in hairs, face, arms, legs, hand, etc., and the multi-sponsion is confirmed in the left side bed, the defendant seems to have used a very strong force against the victim on several occasions.

(Evidence Records Nos. 2 to 5). The Defendant, upon fully recognizing that there was a need to take relief measures against the victim by exercising such violence, left the victim alone without making efforts or taking measures to rescue the victim for about 20 hours after moving the victim to his/her residence in order to avoid his/her crime.

Since then, the victim was sent to the hospital by the 119 first responder who was sent to the defendant's report and received medical treatment. In light of the victim's part and degree, the time and time of the crime of this case, the time of the crime of this case, the time of death, and the fact that the victim appears to have been aware of until he moved to his residence (Evidence No. 529 page).

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