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(영문) 대전고등법원 2014.05.23 2013노563
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

2. As to the grounds for appeal, the Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner by reporting the situation in which the victim talks with another male before the late night at night, and the Defendant recognized the facts of the instant crime, and the fact that the Defendant did not have any previous conviction exceeding the fine is an element for sentencing favorable to the Defendant.

However, considering the following facts: (a) the fact that the victim died and has suffered irrecoverable damage; (b) the victim, who is a female with weak defense capability, has been assaulted several times to the extent that the victim may cause brain low-fluoring surgery; and (c) the victim’s matrimonial relationship is likely to be broken down due to inappropriate relationships between the defendant and the victim; (d) the victim’s emotional shock and suffering is likely to occur; and (e) the fact that the victim’s bereaved family members have sufficiently made efforts to recover the damage to the bereaved family members; and (e) other sentencing conditions indicated in the argument of the instant case, such as the defendant’s age, background and process of the crime, means and method of the crime; and (e) all the sentencing conditions indicated in the argument of the instant case, such as the circumstances where there is no change in sentencing grounds after the sentence of the lower judgment was rendered, it is not unreasonable to deem that the sentence of the lower court, which belongs to the recommended sentencing range

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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