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(영문) 서울고등법원 (춘천) 2020.06.10 2020노50

폭행치사

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized his/her crime and her mistake is divided.

However, on the other hand, the crime of this case was committed on the other hand by the elderly victim, who was sentenced to imprisonment with prison labor for other cases and was confined to prisons, was committed by the defendant, and was committed by the elderly victim, on the other hand, on the ground that it became common that the victim's back part of clothes was able to talk with one's own cup, and the victim was killed by the back head on the wall.

In light of the fact that there is a serious result of death by violence against other prisoners without being familiar with the defendant while in prison, it is bad to commit a crime.

In addition, until this court, the defendant did not agree with the bereaved family members or compensate for damages.

In full view of the following facts: (a) there is no change of circumstances that the court would otherwise change in the circumstances unfavorable to the Defendant in addition to the above circumstances; and (b) other various factors of sentencing, including the Defendant’s age, character, conduct, environment, family relationship, motive, means and consequence of the crime; and (c) the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit