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(영문) 서울고등법원 2014.06.19 2014노411
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the Defendant: (a) caused severe holes to a female victim; (b) caused the victim suffering from suffering from the disease while leaving the victim so leaving the victim, resulting in a significant and unexpected consequence of the victim’s death.

Although one person’s life was dead due to the Defendant, the Defendant did not make any effort to sleep the pain to the bereaved family members up to the trial. Therefore, the Defendant cannot be severely punished.

However, the crime of this case is not planned or malicious to commit the crime of this case, since it was committed while the defendant was in a dispute or fighting with the victim living together while drinking with the victim who was living together.

In light of the fact that the Defendant’s assault was the main cause for the death of the victim who died of a wide range of soft blood (branan blood, annual installments). However, in light of the progress from the testimony and record of the witness at the trial to the death of the victim, it is also suspected that the physical strength of the victim was significantly deteriorated due to drinking habits, etc., even if it was not the cause of death.

In consideration of all circumstances, the defendant is going against the victim's death recognition and reflects on his own act, and the victim's share is divided and served.

In addition, the defendant has no specific criminal records except for the punishment of a fine once.

In addition, considering the character, character, environment, circumstances and results of the crime of the defendant, all of the sentencing conditions in the case, such as the situation after the crime, the sentence sentenced by the court below is too unreasonable.

3. The judgment of the court below is based on Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is justified.

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