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(영문) 서울고등법원 2017.05.17 2016노3254
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasons for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment and four years of suspended sentence) against the Defendant is too unfased and unreasonable.

2. The crime of this case was committed by the Defendant due to the death of the victim, resulting in the death of the victim, and the result of the crime was very significant, and the victim’s bereaved family members failed to reach an agreement with the victim, and the victim’s bereaved family members want to be punished with severe punishment, etc. are disadvantageous to the Defendant.

However, the defendant recognized the crime of this case and is against his mistake, the defendant seems to have caused her scam from the victim in the state of drinking at the time, and the defendant seems to have caused scam to commit the crime, not from direct assault by the defendant, but from the direct assault by the defendant, the victim's death was caused by a wave, such as a scam, cement floor, etc. with the left side side of the scam in the face of the scam, cement floor, etc. in the course of going beyond the defendant, and the victim's scamscam and scamscamscam are presumed to have contributed to the victim's scamscam and the scamscamsscamscamscams

The statement was made by the defendant, and the defendant deposited a sum of KRW 50 million on behalf of the victim's bereaved family members, and the hospital expenses of the victim became the responsibility of the defendant (the hospital expenses of KRW 5 million was already paid to the hospital, and the hospital expenses of KRW 44 million paid to the hospital at Namyang-si seems to have been claimed from the South-si city for the medical care expenses of KRW 44 million paid to the hospital). The defendant is favorable to the defendant, in addition to the second fine due to the violation of the Road Traffic Act, there are no other criminal records such as violent crimes.

In addition, the defendant's age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc. are shown in the records and arguments of this case and the sentencing guidelines of the Supreme Court's sentencing committee.

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