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(영문) 대구고등법원 2019.01.09 2018노364
상해치사
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (three years of imprisonment for the Defendants A, two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The Defendants, while making a judgment on the ground that the victim and the shoulder were faced with the victim in the street, caused the victim’s face and head by making the victim’s face and head undiscriminatory, and eventually caused the death.

The life of a person can be said to be an absolute value that cannot be altered, and our legal order also protects life most important, and an act of infringing upon it cannot be used for any reason.

The victim suffered from serious pain due to the above crime committed by the defendants, and the bereaved family members of the victim also seem to have been seriously shocked due to the sudden death of the victim.

Since the police who received the report immediately after the crime was called out, the Defendants escaped without leaving the victim used on the floor, and the Defendant A sold the victim's face in the course of the crime.

On the other hand, the Defendants are young young young people, and Defendant A has no record of criminal punishment except once a fine is imposed due to traffic crimes, and Defendant B is a primary offender.

Defendants appear to have committed the instant crime in a drunken state, and they are in depth against their mistakes.

The Defendants paid the agreed amount to the bereaved family members of the victim and agreed that the said bereaved family members do not want to punish the Defendants, and the family members and branch members of the Defendants want to keep up with the Defendants.

In addition to these circumstances, the defendants' age, character and conduct, environment, and motive for crime.

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