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(영문) 부산고등법원 2014.02.12 2013노579
상해치사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case against the wrongness, the fact that the defendant has no record of criminal punishment, and that he/she has a married parent to support the crime of this case.

However, the crime of this case is committed only on the ground that the victim returned home immediately due to the following reasons: (a) the victim saw the neck of the victim, saw the neck, which is a deadly weapon; (b) while preparing an agreement with the police investigation to agree on divorce in the event of assaulting the victim in the future; and (c) the crime of this case is committed by assaulting the victim without any discrimination in one month, thereby causing the death of the victim due to double damage; (d) there is no reason to consider the motive or circumstance of the crime; and (e) there is no reason to consider the motive or circumstance of the crime; and (e) the method of the crime is very harsh (as a result of autopsy, it is inevitable to view that the two arms, sprinkings, sponsings, sponsings, and sponsings, sponsings, and sponsings, and so on, both arms and sponses, and that both arms and sponses, etc. were punished against the victim.

Furthermore, the Defendant continued not to have verbal abuse and assault against the victim, even before committing the instant crime, due to the military register evidence, and the instant crime seems to be on the line.

In other words, since 2011, the Defendant began to exercise violence by taking advantage of the victim's timing and booming the victim.

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