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(영문) 서울고등법원 2014.08.21 2014노1743
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor for the first instance (two years of imprisonment) shall be too unreasonable;

2. The crime of this case, which resulted in the death of a victim living together by the defendant, constitutes a reason for sentencing unfavorable to the defendant, such as the fact that the crime is not good in light of the methods and contents of the crime, the result of the crime is very serious, and the damage recovery to the bereaved family of the victim has not been made.

However, the first instance court takes into account the following factors: (a) the defendant's knife and attacked with the victim who knife and attacked by the defendant, and the defendant seems to have reached an contingent crime of this case; and (b) the defendant reflects against himself while meeting his own crime; and (c) comprehensively takes into account various sentencing conditions such as the defendant's age, character and conduct, criminal records, occupation and environment, etc., and determines the scope of punishment (one year to 15 years of imprisonment) in favor of the defendant, and determines the scope of punishment (one year to 6 years of imprisonment) in favor of the defendant; and (d) as the mitigation area (where the result of death has occurred) of the recommended sentencing guidelines set forth in the sentencing guidelines set forth in the sentencing guidelines set forth in the general injury type 3 (where the victim also bears considerable responsibility for the occurrence of the crime or

In light of all the sentencing materials indicated in the records of the instant case, the sentence imposed on the Defendant by the first instance court is determined to be relatively minor among the sentencing sentencing range and the sentencing sentencing range according to the sentencing guidelines, and it is not recognized that it is too unreasonable to recognize that the sentence imposed on the Defendant is too minor.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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