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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment should be mitigated on the grounds that the Defendant, who has mental and physical weak disorder and mental illness, was drunk at the time of committing each of the instant crimes, and thus, was in a state of mental and physical weakness.
B. The punishment sentenced by the court below against the defendant (12 years of imprisonment) is too unreasonable.
(c)
On January 10, 2018, which was submitted after the expiration of the period for submission of the statement of reasons for appeal (misunderstanding of facts), the defendant's defense counsel was served on the defendant's defense counsel on December 12, 2017 after the expiration of the period for submission of the statement of reasons for appeal.
Although there is a fact that there is a serious injury to the victim in relation to the robbery resulting from robbery as indicated on the second trial date, the relationship between such injury and the death of the victim is not recognized.
The argument was asserted.
This can not be a legitimate ground for appeal because it was filed later than the period for submitting the appeal, but it will be examined below ex officio.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as follows, the relationship between the injury inflicted by the Defendant to the victim and the victim’s death is recognized.
The judgment of the court below on this part is justified.
피고인은 2016. 12. 하순경 피해자의 뺨을 여러 차례 때려 피해자가 바닥에 넘어지자 무릎으로 피해자의 얼굴을 여러 차례 찍는 방식으로 때리고 발로 피해자의 얼굴을 여러 차례 걷어찼다 (2017 고합 45호 증거기록 2 책 1권 792 면). 피해자는 피고인이 가한 상해로 12 주간 치료를 요하는 외상성 뇌 내출혈 진단을 받고 AF 병원, AG 등의 집중 치료실에서 진료를 받았다.
The injured party, on February 15, 2017, intends to receive medical treatment by transferring from AG to a hospital in the vicinity of the territory due to a somewhat change in the state of February 15, 2017, and at will, he/she received medical treatment for 20 days at will.