상해치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of the grounds for appeal (e.g., both types);
A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant recognized the instant crime, and opposed to his mistake, and the Defendant’s family member also wanted to have his wife against the Defendant.
As the victim under the influence of alcohol was presumed to have expressed a desire to the defendant, it was caused to commit the crime of this case, the circumstances leading to the occurrence of the crime of this case may be considered.
The defendant paid 75 million won to the birth who is the bereaved family of the victim and agreed that the birth of the victim does not want to be punished for the defendant.
However, the Defendant, while making a verbal dispute with the offender, had the head of the victim faced with the wall by breathing the breath, followed the face of the victim two times in drinking, taking the clothes, face, face, and neck.
After about 20 minutes, the Defendant: (a) left the chair of the victim who was seated; (b) faced with the head of the victim after getting off the victim; (c) taken the neck of the victim on the floor; (d) taken the neck of the victim; and (e) caused the death of the victim due to the destruction of her clothes.
Considering the fact that the head of the defendant, who is under the influence of alcohol, is faced with the wall and bed by the floor and that the head of the defendant is faced with the victim's face, face, and vessel that may cause a serious risk to his/her life, eventually results in death, and that the defendant's crime committed the crime, thereby infringing the victim's life, and his/her bereaved family members are expected to suffer considerable mental suffering, the nature and circumstances of the crime are very heavy.
Although there are many criminal records, the defendant committed the crime of this case again even though he was sentenced to criminal punishment one time, two times a suspended sentence, nine times a fine, etc. due to the same violent crime.
The age, character and conduct, the environment, the relationship with the victim, the economic condition of the defendant, and the victim.