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(영문) 대구고등법원 2015.07.09 2015노234
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The instant crime was committed by the Defendant on the grounds that the Defendant was dead, resulting in the death of the victim by having the victim go against the cement floor by having the head go beyond the victim’s threshold by drinking the victim’s body. The result of the instant crime is very serious.

Although the crime of this case was committed in a contingent manner, the defendant shows a attitude of seriously against his fault. However, in full view of the seriousness and age of the result of the crime of this case, character and conduct, environment, motive, means and consequence leading to the crime of this case, etc., all the circumstances constituting the conditions for sentencing, including the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines (two to four years of imprisonment), etc., the sentence of the court below is determined to be within the appropriate range of sentence corresponding to the defendant's responsibility, and the punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal 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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