상해치사
1. The judgment below is reversed.
2. The punishment of the accused shall be five years.
The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence (7 years of imprisonment) sentenced by the court below is too unreasonable.
Judgment
이 사건은 피고인이 술을 마셔 방어능력이 부족한 상태인 피해자에게 무차별적인 폭행을 가하여 피해자의 갈비뼈와 엉덩뼈를 골절시키고, 심장과 간을 파열시켜 피해자를 사망에 이르게 한 것으로, 피고인과 피해자의 관계 등에 비추어 그 죄질이 매우 나쁘고 피해자의 생명을 빼앗는 돌이킬 수 없는 결과를 초래한 점 등에 비추어 보면 피고인에 대한 실형 선고가 불가피하다.
However, in light of the circumstances favorable to the defendant, and all other sentencing conditions in the records, such as the defendant's age, sexual behavior, environment, etc., such as the fact that the defendant misjudgments the defendant, and the defendant deposits 30 million won as agreed money for the bereaved family of the victim at the original trial, and additionally pays 50 million won as agreed money to the spouse of the victim who representing the bereaved family of the victim in the first trial, and the victim's bereaved family is seeking punishment against the defendant, the punishment of the court below is somewhat unreasonable.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;