(영문) 대전고등법원 2012.11.21 2012노261 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 대전고등법원 2012.11.21 2012노261

폭행치사

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since a victim of a misunderstanding of facts who was the victim who was suffering from a misunderstanding of facts was faced with his head on the floor as the victim was gleeped to the degree of the heat, there is no causal relationship between the defendant's assault and the death of the victim.

B. The lower court’s sentencing (two years of imprisonment, three years of suspended execution) is too unreasonable.

2. The court below rejected the above assertion in detail on the ground that the defendant alleged the same assertion as the grounds for appeal in this part, and under the title "the judgment on the point of dispute" in the judgment below, the court below rejected the above assertion in detail. In light of the above judgment of the court below compared with the records, the judgment of the court below is just, and there is no error of law by misunderstanding the facts,

The defendant's assertion of mistake is without merit.

3. Judgment on the assertion of unfair sentencing

A. There are extenuating circumstances, such as the fact that under the influence of alcohol victims prevented them from committing this case by contingency, the victim’s bereaved family members were paid KRW 100 million to the victim’s bereaved family members, and the victim’s bereaved family members were working in good faith for not less than 20 years as a public educational official, and the wife and two married children who are college students support them.

B. Meanwhile, in light of the following: (a) the Defendant’s age, living environment, details and consequence of the crime, and all of the sentencing conditions stated in the instant pleadings, including the following: (b) the Defendant’s age, and the Defendant’s living environment; (c) details of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is not unreasonable and unreasonable, by taking into account the following factors: (a) the result of the crime was lost in high life that cannot be altered; and (b) the result of the crime was considerably lower than that of the crime; and (b) the lower court’s punishment

C. Defendant’s assertion of unreasonable sentencing is without merit.

4. Conclusion

유사 판례

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