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(영문) 부산고등법원 2018.02.07 2017노661
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the Defendant’s statement as to the assertion of mental and physical weakness, the Defendant appears to have been drinking more than the volume of alcohol (at least one half per week) in the process of meeting the workplace.

However, in full view of the motive and background of the instant crime, method of the commission of the crime, and the circumstances after the commission of the crime (in particular, the Defendant: (a) acknowledged that the victim, who was used as an assault, was under the influence of the victim; (b) carried out cardiopulmonary resuscitation by himself; and (c) left the scene upon the arrival of the 119 first aid crew members), etc., the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the commission of the crime.

It is difficult to see, and there is no other evidence to recognize it.

Defendant’s assertion is without merit.

B. As to the unfair argument of sentencing, the defendant recognized the crime and divided the error in depth, and the victim's bereaved family members (the mother) who agreed smoothly at the court below did not punish the defendant, and the family members and persons of the defendant have repeatedly appealed against the defendant.

However, the defendant committed a fluorous act, such as committing a fluorous act, resulting in an fluorous consequence of the victim's death.

The victim was the young age of the 20th century, and the victim was the mother of the victim, who was the mother of the victim, who was the mother of the victim, who was the mother of the other children and her husband, left before the 20th young age, and was not humping from the pain and shock.

After committing the crime, the victim voluntarily voluntarily withdraws relief measures by implementing cardiopulmonary resuscitation, but it is particular to ask questions of 119 first aid members in order to conceal that the result of his own occurrence.

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