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(영문) 서울고등법원 2016.06.02 2015노3098
폭행치사
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the prosecutor's court below's sentence imposed on the defendant (one year and six months of imprisonment, two years of suspended sentence) is too unhutiled.

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. The crime of this case was committed by the defendant as a matter of duty repayment with the victim who is friendly and the victim's sexual intercourse, which resulted in a serious result between the defendant's minor life, where the victim's sexual intercourses with the victim's sexual intercourse, and the victim's sexual intercourses over the back, and the back part of the head was faced with the wheelchairs of the cargo, and the victim's sexual intercourses died.

As a result, the bereaved family of the victim was suffering from a huge shock and suffering that is unable to recover from the mental disorder.

However, in the process of responding to violence from the victim, the defendant first got assaulted from the victim, and in the process of opposing it, the result of the death of this case was caused only once by drinking the body of the victim.

The defendant recognized the crime of this case and divided the wrong facts.

The Defendant agreed with the bereaved family members of the victim.

A defendant has no record of criminal punishment except for fines imposed twice.

The defendant is a youth of 20 years of age, and his parents and relatives appeal his wife, etc. are clear social ties.

In addition, comprehensively taking account of the character, conduct, environment, and all of the sentencing conditions of the defendant as shown in the argument in this case, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

Therefore, both prosecutor and defendant's arguments are rejected.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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