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(영문) 광주고등법원 2013.04.04 2013노36
상해치사등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below sentenced the defendant to three years of imprisonment with prison labor, and the defendant appealed for the reason that the defendant's punishment is too unreasonable because the punishment is too unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The Defendant assaulted the Victim G.

The result is very significant, and the victim's family members are trying to punish the defendant due to a considerable mental shock, etc., which are disadvantageous to the defendant. This is the sentencing condition against the defendant.

However, the crime of this case is found to be only G where the defendant drinking alcohol together with D, etc., and the relation with the external village was good, and as a result, D had flown away from the crime of this case, and it was contingent that D had a face-to-face side such as D, etc. immediately left as a part of the crime of this case. The defendant's getting off to each item is not a place where D, etc. may directly harm human life or body, and even if D had a large degree of harm directly to human life or body, it is likely that D had contributed to the death because D had an impact on the blood response of the wife, and it would have contributed to the death of the defendant, considering that the defendant deposited KRW 15 million for the bereaved family members of the victim D, and that there was no motive to punish the defendant as a result of the crime of this case, or that there was no motive to punish the defendant as a result of the crime of this case, or that there was no other motive to punish the defendant as a result of the crime of this case.

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