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(영문) 광주고등법원 2017.11.23 2017노380
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the original court’s determination on the unfair argument of sentencing, and the sentencing of the original court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the conditions of sentencing compared to the original court’s determination because the new materials of sentencing were not submitted in this case.

In addition, in full view of the records and the sentencing conditions of this case, such as the fact that the defendant committed violence against the victim and died, the fact that the defendant neglected the victim who was written out from the defendant and deprived of the victim's wife and the last possibility of relief for the victim, and the fact that the victim's family members did not make any effort to avoid the pain, etc., it cannot be said that the defendant's punishment against the defendant is excessively excessive and beyond the reasonable scope of discretion, even in view of all the factors of sentencing that are favorable to the defendant, including the fact that the defendant led to the confession of the crime in this court.

Defendant’s assertion that the sentence of the court below is unreasonable is rejected.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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