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(영문) 대구고등법원 2016.05.26 2015노561
상해치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (three years of imprisonment, four years of suspended execution) of the lower court is deemed to be too unfluent and unfair.

2. The crime of this case is determined by the Defendant’s crime of this case: (a) the Defendant took part in the victim’s hnee and knee-knee, resulting in the victim’s death; and (b) resulting in the victim’s death; (c) the crime is very serious in that the method of committing the crime is bad and the victim’s life is feld.

On the other hand, the defendant was committed with his own crime, was able to repent in depth, and has no record of being punished as violent crime.

The defendant has discussed the problem of misuse and abuse of the drug by ordinary victims, and it seems that he did not attend the victim who is in the weak and did not commit a contingent crime.

The defendant did not immediately move the victim to a hospital, resulting in serious result of the death of the victim, but it seems that the defendant who did not graduate from elementary school did not properly recognize the degree of injury of the victim and the seriousness of the situation.

Before committing the instant crime, the Defendant supported the victim and his/her children, and has lived in good faith, and his/her children wanted to take care of the Defendant.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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