logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.08.29 2018노189
상해치사
Text

Defendant

All appeals filed by A and B and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Defendant A with intellectual disability. While Defendant A, at the time of committing the instant crime, was in a state of mental and physical weakness of drinking alcohol without taking the mentally ill person’s medicine at the time of the instant crime.

2) The punishment sentenced by the lower court to Defendant A (four years of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (three years of imprisonment) is too unreasonable.

(c)

Each of the above punishments imposed on Defendant A and B by the lower court (two years of imprisonment, three years of suspended execution, one year and six months of imprisonment, one year and six months of suspended execution, three years of suspended execution) is deemed unfair and unfair.

2. Determination

A. According to the record on Defendant A’s assertion of mental and physical weakness, the following facts are acknowledged: (a) Defendant A was a disabled person of Grade III with intellectual disability with intellectual disability with intellectual ability of 61 level of intelligence index; and (b) Defendant A was in drinking condition at the time of committing the instant crime.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the method and method of the instant crime, the circumstances after the crime, and the circumstances after the crime, especially the Defendant A made a promise to engage in the 119 rescue squad after the crime, and the Defendant A made a report to the 119 rescue team after the crime, and the victim made a cardiopulmonary resuscitation, and the Defendant A made a statement in an investigative agency by relatively specific memory of the crime, and the attitude of oral argument at the trial court, etc., the Defendant A was in a state that the ability to distinguish things or make decisions was weak due to the above intellectual disability or drinking.

does not appear.

Therefore, we cannot accept this part of Defendant A’s argument.

B. As to the unfair argument of sentencing by Defendant A, B, and the Prosecutor, the life of a person is an absolute value that cannot be altered, and our legal order also leads to life.

arrow