logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2014.06.12 2014노97
폭행치사등
Text

The defendant's appeal is dismissed.

The court below's order for compensation shall be amended as follows:

The defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any injury, assault, or threat the victim as stated in Articles 2 through 6 of the facts constituting a crime in the judgment of the court below.

B. Each sentence of the lower court’s sentencing (seven years of imprisonment and four years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and in particular the statement of the witnessO of the court below, the defendant can sufficiently recognize the facts of injury, assault, or intimidation to the victim as stated in the facts constituting the crime in the judgment below. Thus, the defendant's allegation in this part of the grounds for appeal is without merit.

B. As to the assertion on unfair sentencing, the crime of this case 1 is committed by the defendant several times against his denied victim, who has inflicted an injury or assault, or threatened the victim, and the victim's face is expressed at the end of the dispute, and the victim's face is left behind due to the left side, etc. and caused the victim's death, and there is no reason to take into account the significant and motive of the result.

The Defendant: (a) considered the victim of his wife as one of the following factors: (b) considered the victim’s patriotism and interest; (c) considered the victim’s reputation while driving the victim’s arm’s length; (d) considered the victim’s appearance; (c) neglected the victim’s personality; and (d) caused the victim’s death by assaulting the victim, inflicting bodily injury, or booming the victim’s appearance.

The victim, even in the violence and abuse of the defendant, has abided by the family, has lived in good faith, and has finished a serious physical and mental suffering due to the act of violence of the defendant, her husband, and it seems that the victim's brothers and sisters, who are the bereaved family members, can not say that the mental suffering has been achieved.

Nevertheless, the Defendant seeks to avoid his responsibility by setting up only the defense that was difficult to accept.

arrow