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(영문) 서울고등법원 2018.11.14 2018노1792

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized knife knife knife knife knife knife (No. 3).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (4 years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. At the time of the instant crime, the victim was under significant inconvenience due to the traffic accident that occurred 46 days prior to the instant crime.

However, the defendant suffered bodily injury by getting her husband's head off several times with her husband's panty, faced the victim's hand, her hairs, etc., put them into the her husband and prevented the victim from suffering them into the tape, leaving them alone. The result is very significant.

On the other hand, there is no criminal conviction against the defendant.

Although some statements are not consistent, the defendant recognized facts about the major progress of the crime of this case, and made it difficult for the defendant to commit the crime of this case to commit a serious crime.

The Defendant was responsible for family economy and bringing up children on behalf of the victim who did not have a stable occupation while living in a couple for about 40 years with the victim, and the victim did not have any resistance with respect to the virtual patriarchal tendency and dynamic decentralization and suffered physical and mental damage through verbal abuse and assault by the victim for a long time (see the statement, etc. by the witness X in the appellate trial). As above, the Defendant, who was suffering from a long-term inorganic force due to the victim’s continuous verbal abuse, violence, etc., was unable to use the victim’s credit card without permission, was injured by the victim, while the victim’s hummaticly lost self-control, while making the victim’s hummatic use of the victim’s credit card without permission, and caused the victim’s death by the victim’s humbling the body and preventing the victim from suffering.

In the judgment of the court below, three children who are the bereaved family members of the defendant's family interest victim, and the amount and punishment of the victim;