beta
(영문) 대구고등법원 2017.09.26 2017노338

상해치사

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the instant crime contingently during the summary of the grounds for appeal, and that the defendant must support the mother suffering from dementia, the punishment (four years of imprisonment) imposed by the court below is too unreasonable.

2. The Defendant: (a) during the time when the victim was in a serious problem with the victim, was brupted with the victim; (b) followed the victim’s face face by taking several times, thereby causing the death of the victim.

The Defendant appears to have caused the instant crime by contingency while under the influence of alcohol, and there are extenuating circumstances, such as the attitude to seriously reflect his fault after committing the instant crime.

However, the defendant is not suitable to commit the crime, such as taking several faces of the victim who is difficult to oppose the floor beyond the floor, and the contents and methods of the crime are not good, and the result is too serious.

In addition, the defendant was unable to receive a letter from the bereaved family of the victim.

In addition to these various circumstances, considering all the circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime, and the scope of the recommended punishment according to the sentencing guidelines (three to five years of imprisonment), the sentence imposed by the lower court against the Defendant is determined to be within the appropriate range of punishment corresponding to its liability, and it does not seem unfair because it is too unreasonable.

Therefore, we cannot accept the Defendant’s assertion that the lower court’s punishment is too excessive and unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.