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(영문) 서울고등법원 2013.11.29 2013노2926
상해치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The sentence of imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.

(i)the defendant is too uneasible to the contrary;

(Public Prosecutor) 2. Determination

A. According to the records, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime.

However, in light of the fact that the defendant made a statement at an investigative agency after the crime of this case and the fact that the defendant is representing the victim's conversation with the victim in the process, it cannot be deemed that the defendant had weak ability to discern things or make decisions at the time of the crime of this case.

This part of the defendant's assertion is without merit.

B. The court below's decision on the grounds that the crime of this case committed by the defendant was committed with a verbal dispute with the victim living together, resulting in the death of the victim by causing an injury to the victim. The crime of this case is committed with unilateral and non-discriminatory assaulting the victim due to drinking and its origin, thereby causing the victim's injury to the victim, such as a large number of skins scattered in the body of the victim, such as dystroke stroke, pulmonary stroke, stroke-to-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math-math, face, face, and so on. However, the defendant's severe punishment against the defendant is inevitable, but there is no other record of crime except for the punishment of a fine of this case, and the defendant's bereaved family member who is the defendant and the victim.

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