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(영문) 부산고등법원 2021.01.27 2020노630
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The summary of the lower judgment: (a) on the ground that the victim (mast, 61 years old), who is a patient at the same hospital, was hospitalized in the hospital, was able to use the television marsene in the Defendant’s possession without permission; and (b) the victim’s margs and mouths were assaulted by the victim’s margs at the time of her marcing, and the victim’s side margs and sargs caused the victim’s margs by several times; and (c) the Defendant was indicted of having caused the victim’s marcing death by marcing the marb

B. The summary of the grounds for appeal (defendants) that the above sentence (three years of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. Improper sentencing of the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.

In a case where the appellate court’s determination of sentencing is deemed unfair in light of the materials newly discovered in the course of the appellate court’s determination of sentencing, etc., the appellate court should reverse the judgment below’s unreasonable determination of sentencing (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). B. 1) A normal defendant favorable to the judgment of the appellate court, who has been recognized by the criminal investigation agency, is against one another.

The circumstances that seem to have committed a crime somewhat contingent while the defendant was causing conflicts with the victim of ordinary cases, are to be taken into account in sentencing.

The act of the victim is an assault against the defendant.

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