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(영문) 서울고등법원 2014.11.21 2014노1344
폭행치사등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

(b).

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the lower court against the Defendants (Defendant A: 4 years of imprisonment with prison labor, Defendant B: imprisonment with prison labor for Defendant B: one year and six months) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too uncomfortable.

2. Determination on the grounds for appeal

A. As to the Defendant A and the Prosecutor’s assertion of unreasonable sentencing, the Defendant A committed the instant crime even during the suspended execution period for fraud, and the Defendant A committed the instant crime, which is a minor life in the world, is disadvantageous to the Defendant A.

However, when Defendant A was in the trial for the first time, all of the crimes of this case is dead and contradictory, the victim’s bereaved family members agreed to pay KRW 100 million to the trial for the first time, the Defendant A appears to have committed the crime of this case by contingency while drinking alcohol, and Defendant A has the wife and children to support the crime of this case, and other various sentencing conditions shown in the argument of this case, comprehensively taking account of Defendant A’s age, character and conduct, environment, circumstances surrounding the crime of this case, circumstances after the crime of this case, and other various sentencing conditions shown in the argument of this case, the sentence of the court below is too unreasonable.

B. As to Defendant B’s assertion of unfair sentencing, there was a record of having been sentenced to a three-time fine for the same kind of violent crime, Defendant B her wdling the victim at the time of the instant case, and continued assaulting the victim with drinking and dominated cup, and Defendant A’s attempt to continue assaulting the victim who was used due to Defendant A’s crime is disadvantageous to Defendant B.

However, Defendant B’s time to commit the instant crime and reflects the fact that the victim’s bereaved family members were paid KRW 70,000 to the victim during the time of the trial, and that the victim’s bereaved family members were fully agreed to do so. Other conditions of sentencing indicated in Defendant B’s age, character and conduct, environment, circumstances surrounding the instant crime, circumstances after the instant crime, and other conditions of sentencing indicated in the argument

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