logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.07.21 2017노171
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

A seized knife (Evidence No. 1) shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (seven years of imprisonment) is too unreasonable (the defendant). On the contrary, the above sentencing is unfair because the defendant was too uneasible to the defendant (the prosecutor). 2. The crime of this case was committed against the victim (34 years of age) who was living together with the defendant without reporting the marriage even though the defendant was married, and caused the death of the victim once by fuckbucks. In light of the specific contents, methods, results, etc. of the crime, it is necessary to impose strict criminal punishment corresponding to the degree of responsibility against the defendant.

However, the following circumstances need to be considered in sentencing.

On the other hand, the defendant paid 100 million won to the parents of the victim and prepared a written agreement between them.

Accordingly, the victim's parents expressed their intention that they do not want to punish the defendant.

The defendants recognize the crimes and repent their mistakes.

The defendant has no history of criminal punishment until now.

In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing against the Defendant is deemed unfair due to its lack.

Therefore, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 259(1) of the Criminal Act of the same Act concerning criminal facts.

arrow