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(영문) 대구고등법원 2018.04.05 2017노646
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) presented by the Defendant is indicated as the grounds for appeal, but the Defendant and the defense counsel withdrawn his/her claim for mental and physical disorder on the first trial date for the first trial.

In light of the various sentencing conditions of this case, four years of imprisonment sentenced by the court below to the defendant is too unreasonable.

2. Examining the various sentencing conditions of this case, the crime of this case was committed by the victim's head, etc. who had been a long-standing relative at the expense of the defendant, resulting in the victim's death by drinking and drinking several times, and resulting in the victim's death. In light of the details and contents of the crime, and the relationship with the victim, etc., the crime of this case is highly serious. In particular, the crime is not high in the degree or method of the crime, such as continuing assaulting the victim despite other friendships, but it is not good that the crime was committed. Such assault resulted in the victim's harsh consequence of the victim's death. The victim's bereaved family members lost a minor family and suffered a serious mental suffering which is difficult to recover throughout their lives, and multiple violence records against the defendant are disadvantageous to the defendant.

However, in the meantime, the defendant led to the defendant's confession of the crime of this case and reflects his mistake in depth, the victim seems to have committed the crime of this case somewhat contingently, because he was under the influence of alcohol at the time of the defect of the defendant's desire, the defendant entered into a de facto marriage agreement with the victim in the first instance trial, and paid the victim's bereaved family members a sum of KRW 50 million for the victim's bereaved family members. In particular, the victim's family members do not want the defendant's punishment, and the victim's family members and members are also the defendant.

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