상해치사등
Defendant
In addition, all appeals filed by both medical care and custody applicants and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant and Defendant 1) were at the time when the victim was presumed to have died (hereinafter “Defendant”) as well as Defendant 2 and Defendant 2, but there was no injury on the part of the victim, and it was merely known that the victim was the birth of the Defendant. However, the judgment of the court below which convicted Defendant 1 was erroneous.
B) The sentence of the lower court’s improper sentencing (six years of imprisonment) is too unreasonable.
2) Although the need to undergo medical treatment and custody facilities and the risk of recidivism is not recognized for the Defendant in the medical care and custody case, the lower court that sentenced the medical care and custody is unreasonable
B. The Prosecutor’s sentence is too uneasible and unreasonable.
2. Determination on the defendant's case
A. As to the Defendant’s assertion of mistake of facts, the court below rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s and his defense counsel’s assertion” with the same assertion as the grounds for appeal in this case. In light of the above judgment of the court below compared with the records, the judgment of the court below is just, and it is erroneous in the misapprehension of facts as alleged by the Defendant, which affected the conclusion of the judgment
The defendant's assertion is without merit.
B. In light of the circumstances cited by the lower court at the time of determining the sentencing of the Defendant and the prosecutor, and the recommended sentencing guidelines (aggravating a period of four to seven years) set by the Supreme Court Sentencing Committee, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.
3. According to the evidence duly admitted and examined by the lower court on the medical care and custody case, the Defendant was at the time of the instant crime.