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(영문) 대구고등법원 2014.06.19 2013노603
상해치사
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to symptoms, etc.

In light of the fact that the Defendant made a confession of the instant crime and agreed with his bereaved family members, etc., the sentence imposed by the lower court against the Defendant (five years of imprisonment) is too unreasonable.

In light of the fact that the defendant's appearance, face, etc. over two hours, causes the death of the victim and thus causes the death of the victim, etc., the punishment imposed by the court below against the defendant is too uneased and unfair.

Judgment

In full view of the Defendant’s assertion of mental disorder, including the Defendant’s age, character and behavior, family environment, power, the background and mode of the instant crime, circumstances and behavior before and after the instant crime, etc., the Defendant lost the ability to distinguish things or make decisions by means of identification, etc. at the time of the instant crime.

such ability does not appear to have been weak.

Therefore, the defendant's mental disorder cannot be accepted.

The crime of this case against the defendant and prosecutor's assertion of unreasonable sentencing is one of the causes of death by causing the defendant's injury to the victim by leaving the victim's telegraph at a cruel time more than two hours. Above all, the punishment corresponding thereto is imposed on the result of the serious and fatal harm to human life, which is a valuable value.

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