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(영문) 서울고등법원 2016.04.28 2016노151
폭행치사
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of the nature and result of the instant crime, the victim’s bereaved family members wish to punish the Defendant, and the Defendant had four times of violent crimes, etc. are disadvantageous to the Defendant.

However, the fact that the defendant committed the crime of this case with the victim while under the influence of alcohol by contingency, and that the defendant shows his attitude to recognize and reflect the crime of this case in the trial of the party, etc. are favorable to the defendant.

In addition, the Defendant’s age, sex, environment, relationship with the victim, motive and consequence of the crime, etc., as well as the sentencing guidelines of the Supreme Court’s sentencing committee are not deemed to be too heavy or unreasonable, considering the following as a whole: (a) the sentence imposed by the court below is too heavy; and (b) the Defendant and the prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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