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(영문) 부산고등법원 (창원) 2015.06.17 2015노118
존속폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. The sentencing factors or objective and neutral sentencing factors are recognized that the defendant recognized his mistake and seriously reflects the defendant, and the defendant committed a contingent crime (no judgment is judged to have been in a state of mental disorder due to the fact that the defendant committed a crime).

However, the crime of this case recognized by evidence, evidence law, and legal principles is a case where the defendant has committed violence and has caused the death of the victim while drinking alcohol as the victim was frightened, such as frightening and smugglinging the victim's breath, etc. The crime of this case constitutes a crime contrary to humanity. Although I, the victim's bereaved family members, who was the victim's frightened punishment, was the victim's fright against the defendant, but did not agree with the heir of the victim before the trial. The defendant did not know even though he had been punished for the crime of assault in 209 and 2010, and the defendant did not know that there was the history of punishment for the crime of this case, which was the principal cause of violence in 2014, without considering the sentencing factors or objective and neutral sentencing factors of the defendant, including imprisonment with prison labor or imprisonment with prison labor for not less than five years, the proper sentencing guidelines of the defendant, the circumstances surrounding the crime of this case's remaining life, three years-year imprisonment, and circumstances of this case's punishment.

Therefore, this part of the defendant's assertion is without merit.

[Basic Grounds for Determination of Punishment] - The crime of death resulting from violence: violent crime group, assault crime, third category (where the result of death has occurred), the victim who has been in existence, etc.

3. Conclusion.

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