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(영문) 수원고등법원 2020.06.05 2020노48
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, and four years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The lower court determined that the Defendant was sentenced to a punishment for each Defendant by taking into account the following circumstances: (a) the Defendant’s act of committing the instant crime results in serious consequences that the victim would not be able to be satisfed due to the death of the victim; (b) the Defendant’s appearance and degree of violence inflicted upon the victim; (c) the victim’s bereaved family member who lost his family was suffering from mental shock and satisfing; and (d) the victim’s suffering and suffering and suffering seems to be difficult to recover easily; (c) the Defendant recognized the Defendant’s act of committing the instant crime; (d) the Defendant committed a contingent crime while satisfy with the victim; (e) the first offender and the victim were present at the investigative agency after committing the instant crime; and (e) the victim’s bereaved family member and the victim’s bereaved family member agreed with the victim.

There is no change in circumstances that may change the sentencing of the court below even when the court below was in the first instance trial, and considering all the conditions of sentencing as shown in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable

3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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