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(영문) 서울고등법원 2013.05.10 2013노977
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The judgment of the court below denied part of the crime that the defendant could not have anticipated the victim's death at the court below's court. However, the defendant was living under custody for more than five months, and was found to have been erroneous in the trial and was in depth, and there was no experience in bringing up children by marriage at the young age, and the defendant continued to have been able to do so without the victim's sleep at night without the victim's sleep, and the defendant was able to do a dispute.

It seems that the defendant had committed any contingent crime by taking into account the motive and circumstances of the crime, and there are some points to consider the victim's symptoms as long as the victim appeared after assaulting the victim, and immediately reported the victim to 119 and sent him to the hospital emergency room, etc. The defendant was also making efforts to kill the victim. In addition to the punishment to be caused by the crime in this case, the defendant is also suffering from or living together with the crime that has caused the loss of love due to his mistake in addition to the punishment to be caused by the crime in this case, more severe pain than the punishment in any sense, and it is favorable for the defendant. The defendant is still young 20 primarys and has no criminal record other than the juvenile protective disposition once.

반면 이 사건 범행은 피고인이 생후 14개월 밖에 되지 않은 자신의 아들인 피해자가 밤에 잠을 자지 않고 울며 보챈다는 이유로 화가 나 피해자의 배 등을 손바닥으로 강하게 수회 때려 피해자를 간 파열 등으로 사망에 이르게 한 사안으로, 전적으로 부모의 사랑과 보살핌을 받아야 하고 스스로를 보호할 능력이 전혀 없는 피해자에 대한 아버지로서의 책무를 저버린 반인륜적인 범행인 점, 피고인의 이 사건 범행으로 세상에서 가장 존귀하고 소중한 어린...

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