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(영문) 서울고등법원 2016.12.15 2016노3285

상해치사

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

It is inevitable for the defendant to punish the defendant because the defendant injured the victim in knife and caused the death of the victim. However, as stated in the column of the judgment of the court below, there are circumstances such as the fact that the defendant caused the crime of this case by contingently, the defendant reported the crime of this case to 119 after the crime and took measures such as blood transfusion, the bereaved family members of the victim want to take the action of the victim by agreement with the bereaved family members, and the defendant reflects his mistake.

In full view of all the above circumstances and the sentencing conditions under Article 51 of the Criminal Act, such as character, conduct, family relationship, health status, and criminal record, which are shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable, and thus, the argument of unfair sentencing by the defendant and prosecutor is without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.