logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.08.31 2016노407
존속상해치사등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment of the Defendant has been used several times of violence against the victim on the ground that the victim under 93 years of age, i.e., 93, suffering from dementia, satis at night, was mixed-cat-level and did not keep the lusium properly. During that, the Defendant’s use of serious violence to the extent that the victim’s long-term damage and the satise is likely to cause the victim to suffer from dementia, which eventually led to the death of the victim, and the number of the crimes and the result thereof are contrary to the Defendant’s disadvantage.

On the other hand, the fact that the defendant recognized all of the crimes of this case and reflects his mistake for a long time, and the defendant supported the victim for a long time, but around the time of this case, the symptoms of dementia of the victim have deteriorated, resulting in the crime of this case without having to participate in a positive appraisal and contingently, the victim's bereaved family members want to be able to find the defendant a preference against the defendant, there is no criminal history against the defendant, and the defendant has old and healthy status.

When comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, career, sexual conduct, environment, motive and background of the offense, means and method of the offense, and the consequences thereof, the court below’s sentence against the Defendant was excessively heavy or unbrupted so as to have exceeded its discretion in sentencing.

It does not appear.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

arrow