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(영문) 부산고등법원 2020.05.14 2020노58

상해치사

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal: The sentence imposed by the lower court on the Defendant (one-year imprisonment, etc.) is too unreasonable.

2. The instant crime was committed on the ground that the Defendant, who is her husband, neglected to pay home, and is punished by the victim and the vagabonds.

It is the result that the knife knife knife knife the victim and caused the victim's death.

Human life is the highest legal interest to be protected by the state and society, and the act of infringing it is a serious crime that cannot be used for any reason.

또한 피고인이 범행 당시 소지하고 있던 식칼은 칼날 길이만 19cm에 이르는 위험한 물건인 점, 그와 같이 위험한 물건을 휴대한 채 몸싸움을 벌일 경우 상대방이 치명상을 입을 수 있음은 쉽게 예상가능한 점, 피고인이 범행 전에 위 식칼을 쥔 사진을 찍어 피해자에게 전송하였고 그 후 피해자가 다른 장소로 이동하였음에도 분을 이기지 못하여 식칼을 들고 피해자를 찾아다닌 끝에 이 사건 범행을 저지른 점 등에 비추어 보면 죄책이 결코 가볍다고 볼 수 없다.

However, the defendant has led to the confession of all crimes from the investigative agency, and is against his mistake.

As the victim appears to have committed the instant crime by neglecting his/her family, it appears that he/she committed the instant crime by contingency, there are some circumstances to consider the motive thereof.

The parent-child and the dynamics of the victim have reached the judgment of the court, and they want to use the defendant as a truth, and want the defendant's wife.

The Defendant had three children between the victim and the victim, but all children are merely children who did not attend school or students in the lower school, and thus, they are able to take care of their parents.

The children of the defendant do not know accurately the reasons why they are separate from the defendant.