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(영문) 광주고등법원 (전주) 2020.04.24 2020노16
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too heavy or too unhued. The main point of the grounds for appeal is that the court below's sentencing is improper.

2. The judgment of the court below made the Defendant’s act of assaulting the victim who is almost unable to resist about drinking due to drinking and scare, divided the victim’s breast part into knee and damaged the chest of his chest, leaving the site without any withdrawal of relief measures. This led to the Defendant’s act of committing the instant crime against the victim who was in de facto marital relationship for about 15 years, is very harsh, and the result is also very serious, resulting in the death that cannot be recovered.

Therefore, the defendant's strict punishment is inevitable.

However, for the first time, there was an agreement between the victim's omission and the victim, and the above S submitted a written application for non-prosecution of punishment to the defendant, and the defendant is in profoundly against the recognition of the crime of this case.

The Defendant and the victim, almost every day, have been living a severe drinking life at least 10 to 20 illness, and even on the day of the crime of this case, the Defendant and the victim drinking a lot of alcohol together with the Defendant, and the Defendant seems to have caused the instant crime by contingency while under the influence of alcohol, even though they did not reach the state of mental disorder or mental disorder.

On the other hand, the defendant who has almost rare alcohol addiction and the victim's family members consider that it is difficult for the victim's children F to normally raise the victim's children to be admitted to childcare center. On a regular basis, the above F was actively able to live with the above F, such as paying money, clothes and food, etc., which was planned to support school expenses, etc. when entering universities and colleges in the future, and the above F was able to make considerable efforts even after the occurrence of the instant case.

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