beta
(영문) 부산고등법원 2018.06.21 2018노194

상해치사

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight years of imprisonment, etc.) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The victim expected to receive rehabilitation treatment and mental treatment due to a physical or mental disorder in which the cause is unknown, and expected to live in a dormitory with the defendant.

The Defendant, while living together with the victim, committed continuous assault against the victim who lacks the ability to defend himself due to inconvenience in living with the victim, caused severe damage to the victim’s body and caused death. At the time of the instant case, the Defendant assaulted the victim instead of being in a de facto relationship to protect the victim. The Defendant used the method of using the victim’s body and body physical physical pain, such as bucking the victim’s body and body, and sprinking the body and body with the victim’s body and body, and sprinking the sprinks with sprinks.

According to the survey report of autopsy (in the investigation records, 639 pages) the victim seems to have been assaulted by the defendant continuously for a long time, such as refusing the catus at which the catus formed by the body of the defendant, etc., and the victim's major long-term heart, simple wave, and large amount of blood on the right joints of the victim is receiving large amount of blood on the right joints of the victim, and it seems to have been harsh to the extent that it is difficult for the victim to receive the degree of violence by the defendant due to the use of the body.

The nature of the defendant's crime of this case is not very good, and the victim has lost the most valuable value of his life, so the responsibility for the crime is very heavy.

Nevertheless, there was no measure to recover particular damage to the bereaved family members of the victim.

However, the defendant himself.