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(영문) 서울고등법원 2016.07.07 2016노1243
상해치사등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the defendant led to the crime of this case, such as the victim of pro-friendly arrest, seems to have caused the crime of this case by drinking alcohol, and that the bereaved family members and the bereaved family members do not want the punishment of the defendant can take into account the circumstances favorable to the defendant.

However, the crime of injury resulting from the death of this case was committed by assaulting the victim relatively distorted by the defendant of the physical attack, who had a strong experience of leading the Taekwondo criminal by living the Taekwondo player and majoringing in flasing, and caused the death.

In light of the fact that the victim was frightened from the Defendant, the victim was frighten, frighten, and frightened, and was frightened in many places, and that there was no trace that the Defendant suffered particular injuries, it seems that the victim was unilaterally frightened without any specific defense against the Defendant.

The victim died in a acute brain color based on inner maloper fever, and the inner maloper fever is generated by the external force directly affecting the face or the part of the neck, directly pressure to blood, and the blood breath, etc. of the Incheon District Public Prosecutor's Office No. 2015 Form No. 103123 of the Evidence No. 2015 Form No. 7 of the Evidence No. 2013 of the Incheon District Public Prosecutor's Office is considered to have a direct cause of the victim's death without any involvement of any other friendly factor.

In this respect, the quality of the crime of death resulting from the injury of this case is not very good, and the circumstances are very heavy.

Furthermore, even though the Defendant was subject to the disposition of the suspension of the execution two times due to the medication of Megatoo (the called philopon, hereinafter referred to as “philopon”), which is a local mental medicine in the past, the Defendant repeated the crime of philopon medication.

The defendant is disadvantageous to this defendant.

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