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(영문) 대구고등법원 2020.09.10 2020노214
폭행치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

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

2. The Defendant recognized the instant crime and repented in depth the mistake.

The Defendant seems to have committed the instant crime in a contingency after being satisfing with each other at the victim's drinking place and being satisfed.

The Defendant carried out cardiopulmonary resuscitation against the victim who lost his awareness because he exceeded it, and reported 112 and requested relief to the victim.

After the defendant was sentenced to a fine in 2003, he was living without being subject to criminal punishment.

However, the crime of this case, while the defendant fightings with the victim, caused the victim's face by drinking the victim's face, and caused his head to be faced with the floor, and caused the death. The nature of the crime and the circumstances of the crime are heavy.

Damage of a victim who has lost his/her life due to the defendant's crime can not be recovered in any way, and bereaved family members are suffering from deep loss and slick.

The defendant did not receive a letter from the bereaved family members up to the trial of the case, and the bereaved family members want to punish the defendant.

There are criminal records that have been punished for violent crimes, including the suspension of the execution of imprisonment, for the accused.

In addition, in full view of the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too appropriate, light, or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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