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(영문) 대전고등법원 2016.09.02 2016노202
폭행치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (two years of imprisonment) shall be too unreasonable;

Prosecutor: The sentence of the court below is too unhued and unreasonable.

2. We examine both of the judgment parties’ assertion of unreasonable sentencing.

Although the defendant was not willing, the defendant was not willing.

Even if the life of a person is the most valuable value and is the beginning and last part of the legal interest to be protected by our society, so it is difficult to see that the assault by the defendant against the victim led to a serious result of the victim's death.

In addition, despite the deposit of the defendant up to the trial court, the situation where the victim's bereaved family members are still unable to be used.

On the other hand, the death of the victim following the crime of this case occurred by both the defendant and the victim in the form of drinking, which seems to have a considerable responsibility for the victim in the process of such crime.

As the crime of this case started due to the occurrence of the victim, the defendant was placed in a place where he can live with a lot of physical, mental, and economic suffering.

The Defendant seems to have been able to take responsibility for the instant crime committed by the victim until the death, and to deposit KRW 1.9 million in the trial twice in order to recover the damage, etc. However, as it is too difficult to take additional measures for recovery of damage due to the excessive economic reasons, it is not easy to obtain easy recognition from the bereaved family members of the victim.

In addition, even though the defendant had undergone a surgery on the part of a severe fluoral dystyposis, around February 2015, the defendant was under a surgery on the part of a severe fluoral fluoral dystyposis, and the progress of the surgery is not good and the health condition is not very good enough to require continuous medical treatment.

All the defendants and victims involved in the crime of this case shall be subject to the breath judgment.

The court below's decision is disadvantageous to the defendant.

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