(영문) 광주지방법원 2017.03.28 2016노1117 | 리걸엔진

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(영문) 광주지방법원 2017.03.28 2016노1117

과실치사

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

1. The summary of the grounds for appeal (10 months of imprisonment without prison labor, 2 years of suspended execution, and 200 hours of social service) of the lower court is deemed to be too unhued and unreasonable.

2. The Defendant recognized all of the instant crimes, and there was no criminal history prior to the instant case.

The crime of this case was caused by negligence, and there are circumstances that can be considered in light of the circumstances, as the crime of this case was committed in the course of a farming life with the defendant, the victim, the husband of the victim, etc. residing in the same village.

However, above all, the crime of this case brought about the result that the victim's life could not be frighten, and there was no negligence on the result.

In addition, it seems that the victim suffered a big pain until the death, and it is difficult to understand when the victim's bereaved family members suffered a big mental suffering due to the victim's absence, and it is difficult to understand when the suffering will continue in the future.

However, the defendant did not have any practical efforts to protect the bereaved family as the perpetrator, such as attempting to reach an agreement or depositing a small amount or horse so long as one year and six months has passed since such a significant result, and even if he/she neglected to find for the bereaved family members of the victim the intention of committing a crime, he/she has the characteristics of the bereaved family by neglecting to do so.

As such, while the defendant does not seem to have any effort to commit a particular crime, the community residents continue to agree with the victim's bereaved family members and request the defendant to read the defendant, and the victim's bereaved family members are also suffering from additional mental suffering.

Accordingly, the bereaved family members of the victim want to consistently punish the defendant from the court below to the trial court.

As such, the investigation report by the court sentencing investigator, which is conducted in the trial of the party.

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