logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2014.02.06 2013노587
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (two years of imprisonment) is too unhued and unreasonable;

2. The defendant's assault, which resulted in a serious result in the victim's loss of life, is very heavy.

The mental suffering and economic difficulties of the bereaved family members, such as parents, wife, and children of the victim who suffered from the victim's death seems to be very serious, and the wife of the victim among the bereaved family members want to be punished by the defendant up to the trial.

These circumstances are disadvantageous to the defendant.

However, the defendant has no previous convictions who are sentenced to a fine exceeding the fine.

The Defendant seems to have committed the instant crime in contingency under the influence of alcohol when he/she was faced with face from the victim once.

The Defendant recognized the crime of this case and reflected his wrongness.

The defendant deposited KRW 20 million for the bereaved family of the victim.

These circumstances are favorable to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as the scope of the recommended sentencing guidelines (two to four years of imprisonment) for the crime of this case, it is not recognized that the lower court’s sentencing is too unjustifiable enough to reverse the sentence.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

arrow