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(영문) 광주고등법원 (전주) 2019.08.27 2019노128
상해치사
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below that sentenced three years to the defendant is too unreasonable.

Judgment

The fact that the defendant recognized the crime of this case and reflects the fact that the defendant had symptoms of dementia for about two years, nursing the victim, the defendant has been suffering from stimulative disorder since long ago, and the above mental disorder has been aggravated for more time when the crime of this case was committed, and the fact that the defendant has been punished twice due to larceny is favorable to the defendant.

On the other hand, the crime of this case is a case where the defendant 30 minutes or more of 30 minutes of the victim who has difficulty with dementia due to a close-to-face for cleaning and caused the death, and the quality of the crime is very bad. Even after the defendant inflicted an injury on the victim, the defendant did not immediately take relief measures, and reported the victim's death to the child after about eight hours of the death.

As above, considering the sentencing circumstances, including the circumstances favorable to the defendant, the victim E expressed the victim's intent not to punish the defendant in the court below, but the remaining bereaved family members did not express the victim's intention not to punish the defendant, it is difficult to view that there was a special change in circumstances that could change the punishment of the court below solely on the above circumstances. In addition, considering the defendant's age, character and behavior, environment, motive and means of crime, result, circumstances after the crime, etc. as well as the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the arguments and records, it cannot be deemed that the sentence imposed by the court below is too unreasonable to the extent that it is deemed that the defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Thus, the defendant's appeal is without merit.

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