폭행치사
The prosecutor's appeal is dismissed.
Summary of Grounds for Appeal
The sentence of the lower court (two years of imprisonment, four years of suspended execution) is too unhued and unreasonable.
Judgment
This case is an unfavorable sentencing factor, such as the fact that the death of the victim who is the wife due to domestic violence of the defendant was serious, and that the defendant, even before the case, assaulted the victim while the marital fighting was conducted before the case.
However, the defendant has caused the crime of this case by contingently, the degree of violence causing the death of the victim is relatively minor, the victim frequently breath alcohol, and the victim's health conditions appear to be the cause of the victim's death. The defendant's wrong finding the victim's living together for 10 years, and complains of the slicker's loss due to the defendant's mistake. The defendant has no criminal power other than the fine due to the violation of the Road Traffic Act of 2004, the defendant seems to have been detained for 3 months by the crime of this case, and the defendant's age, character, environment, family relationship, circumstances after the crime, etc., all the sentencing conditions and sentencing guidelines (two years to 4 years) of the Sentencing Committee mentioned in the argument of this case, such as imprisonment, etc., cannot be reversed to the extent that it can be reversed.
In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.