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(영문) 서울고등법원 2018.12.21 2018노1876

중상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (defendants) is unreasonable as the sentence imposed by the lower court (two years of imprisonment) is excessively unreasonable.

The national defense counsel selected by this court asserted that the reason for appeal on the ground of unfair sentencing through the statement of reasons for appeal, but the defendant did not recognize that there was a result of serious injury to the victim.

Meanwhile, the reason for appeal submitted by the Defendant himself appears to be a crime of mental and physical loss or mental weakness. However, the defense counsel revealed that the Defendant appealed for the sole reason of sentencing at the first trial date at this court’s first trial date, and stated that the Defendant’s argument of mental and physical weakness was based on mistake.

Accordingly, this Court determined the reason for appeal only for the wrongful argument of sentencing.

2. The Defendant continued to seek the victim’s face, hair, etc. on the ground that the victim, who is the birth of this species of the family, tried not to have his/her house under the influence of alcohol.

Defendant did not take relief measures by leaving the road as it is and leaving the site of the victim who was in a state of serious injury.

The victim was sent back to the hospital upon the report of the person, and the doctor who collected the surgery of the victim presented his opinion that the victim would have died if the victim did not undergo the surgery.

In light of such circumstances as the crime of this case, the commission and degree of the crime of this case, etc., the crime of this case is deemed to be minor.

subsection (b) of this section.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant shows anti-discrimination while making a confession of crime.

The crime of this case seems to have occurred in kind while the defendant returned home with the victim under the influence of alcohol.

The defendant did not reach a full agreement with the victim or his family members, but up to this court, USD 5,000 to the victim's family members are the medical expenses.