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(영문) 대전고등법원 (청주) 2015.07.23 2015노53
상해치사
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for four years.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. The defendants (e.g., the defendant)'s punishment (e., the two-year imprisonment) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination:

A. The lower court sentenced each of the Defendants to two years by taking into account the favorable circumstances such as the Defendants’ death in the course of the victim’s death, the victim’s bereaved family members did not reach an agreement with the victim, and the disadvantageous circumstances such as the Defendants’ bereaved family members wanting to punish the Defendants, and the fact that Defendant A did not have any aspect of inducing the victim; Defendant A’s removal of the victim from the victim; Defendant B actively committed physical fighting with the victim and several times, but the motive was taken into account; Defendant B was actively punished with the victim; Defendant B confirmed that the victim lost awareness; the Defendants’ status was examined until the police police confirmed that the Defendants lost awareness; the Defendants’ depth was against the victim; the Defendants deposited KRW 100 million in total; all of the sentencing conditions, including the other Defendants’ power, age, character, environment, family relations, and recommendation guidelines set by the Criminal Procedure Commission; and the sentencing guidelines set forth in the sentencing guidelines.

B. At the time of the trial, there was an agreement with the bereaved family members of the victim, and the victim’s written application for a written application filed in the name of the bereaved family members to the effect that the victim does not want to punish the Defendants was added to the grounds for

C. However, most of all, the crime of infringing on human life, which is a valuable value, should be subject to strict punishment, and when examining the progress of the crime in this case, the number of times of violence in the case of Defendant A has not yet been used, but the impact suffered by the victim has not been many, and as a result, the victim is likely to lose his mind immediately.

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