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(영문) 창원지방법원 2020.11.27 2020노914

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed to be too uneasy and unfair.

2. The court below determined that the victim knew of the victim's health condition and damage by cell phone text messages immediately after the crime of the injury of this case, and it appears that the defendant knew of the victim's health condition and damage to the victim. However, the victim lost awareness immediately after the crime of the assault of this case occurred about 4 months from the victim, and died with multiple long-term symptoms causing severe suspension since 6 months after the crime of the assault of this case, during which the victim was under treatment in an unidentified state, it is difficult to ascertain whether the crime of this case contributed to the victim's death from a normative point of view due to restriction of the court's psychological range. However, since the victim's bereaved family members were aware of the victim's death due to each of the crimes of this case, it is difficult to view that the victim's bereaved family members were seriously punished for the defendant's death, and that the victim was unable to receive severe punishment against the victim, and that the victim's mental impulses were unable to reach an agreement on the crime of this case with each of the victim's own body or bereaved family members.