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(영문) 서울고등법원 2017.08.09 2017노1166
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and the misapprehension of legal doctrine could not have predicted the result of the victim’s death.

In the instant case, the Defendant was unable to at any time expect that the flasan fe, as seen in the instant case, would result in the death of the victim due to excessive cerebral transfusions by cutting the balll, cutting the bones of the balll, damaging the balute, thereby damaging the balute.

At the time of the instant case, the dispute between the Defendant and the victim was very minor and daily, and the Defendant did not have any motive to cause the death of the victim.

L professor on the entrustment of appraisal by the court below using expressions that seem to have been string in the snow, but this is merely a constructive opinion and is not acceptable.

2) The sentence sentenced by the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

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

2. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine as to the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine, the lower court, in light of the following: ① in the process of the crime, the Defendant and the victim were in childbirth to the effect that the Defendant did not receive the victim’s death while claiming large sound with the victim; ② the Defendant and the victim were located at a very close distance of about one meter; ② the Defendant and the victim were aware at the time of the Defendant’s death; ③ the Defendant seems to have been strong and directly shocked on the part of the victim’s left snow by the top part of the U.S., and the circumstance leading up to the death of the victim, the Defendant could have predicted that the death of the victim could have been caused by the circumstance where the part of U.S. was protesan was prote by making the victim faces the face of the victim.

It is reasonable to view it.

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