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(영문) 대구고등법원 2014.08.21 2014노162
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is found that the defendant was in a drunken state at the time of the crime of this case, but it does not seem that the defendant had the weak ability to discern things or make decisions. Therefore, the above assertion is without merit.

B. There are circumstances such as: (a) the Defendant, while under the influence of an unreasonable sentencing, has caused the instant crime by contingency; (b) the Defendant was friendly with the victim of ordinary assault, and there was no particular criminal record other than the minor fine prior to the instant crime; (c) the Defendant reported the instant crime directly before and after the instant crime; (d) whether the Defendant is in a position to look at the children suffering from mental illness; and (e) the Defendant is in depth divided the Defendant’s mistake.

However, the crime of this case results in the death of the victim who was divingd by the Defendant at the sperm, due to the fact that the victim was able to take a bath from the victim during the process of shouldering the victim, and resulting in the death of the victim with the aromatic alley and the labing coloring.

In addition, the Defendant did not receive any employee from the bereaved family of the victim.

In full view of such various circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentence according to sentencing guidelines, etc., the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence is too unreasonable.

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