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(영문) 대구고등법원 2016.07.21 2016노145
폭행치사
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is a case where the defendant had the victim faced with his head from the wall and floor and caused the victim's death. The crime of this case is serious in light of the result of the crime, etc.

The bereaved family members of the victim lost her husband and father due to the defendant's crime, but the defendant did not receive a letter from the bereaved family, and the investigation agency did not deny the crime from the judgment below.

On the other hand, the Defendant was committing the instant crime in late late following the trial, and is against the wrongness.

The defendant, while drinking together with the victim in a considerable amount of drinking with the victim, has broken down the victim by contingency, and it seems that he did not take relief measures since he did not appear to have increased the number of victims.

The defendant has no record of criminal punishment of a fine or heavier, and social ties such as the defendant's family members and branch members want to take the defendant's wife, etc. are considered clear.

In full view of all circumstances, including these circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is determined to be within the appropriate range of sentence corresponding to the responsibility, and it does not seem to be too heavy or unfair because the sentence is too heavy.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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