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(영문) 광주고등법원 2015.08.20 2015노307
폭행치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too heavy or too unfasible.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime when the Defendant was in a trial; (b) the Defendant, while drinking alcohol, committed the instant crime by contingency; (c) the Defendant appears to have been responsible for causing the instant crime; and (d) the Defendant’s assault was mainly conducted in the process of suppressing the disturbance of the victim under the influence of alcohol rather than for attacking the victim.

On the other hand, the defendant has been subject to punishment 15 times for violent crimes, and the defendant has also been subject to punishment, and the crime of this case has again been committed during the period of repeated crime after being released from prison due to violent crimes, and as a result, the result, causing the death of the victim and resulting in a very serious result, and the mental suffering of the victim's bereaved family members seems to be very great, and there is no written relief of the victim's bereaved family members, etc., which are disadvantageous to the defendant.

Examining the sentencing criteria of the Sentencing Committee and other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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