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(영문) 부산고등법원 2021.01.28 2020노578
상해치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

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 decision is unfair because the above sentence imposed by the court below against the defendant is too unfasible.

2. The crime of this case committed the crime of this case, which led to the death of the victim, by assaulting the victim who was frighten while the defendant was frightened with the victim who was frightened with the victim of sexual intercourse, resulting in an injury to the victim of sexual intercourse with the victim of sexual intercourse.

The crime of this case led to an irrecoverable consequence of the victim's death.

It is serious that a crime has been committed in that the life of human has been infringed without relation to the defendant's intention or the background of the crime.

It is difficult to recover in any way the shock and mind of the bereaved family who lost one's love family.

However, the Defendant recognized all of the crimes from the investigation stage to the trial at the court at the same time, and considered the form of reply and reflect on the death of a friendly relative.

At the time of the crime, the Defendant and the victim were in the state of drinking a large amount of alcohol, and the victim appears to have first committed the crime in this case. While the Defendant did not actively respond to the assault of the victim and notified the victim that the Defendant did not have an intent to spawn it by hand, despite the fact that the assault by the victim continued, the assault by the victim was committed, and there are circumstances to be considered in terms of the motive or circumstance of the crime.

The Defendant became aware of the victim at the time of attending elementary school and became adult, and the parents of the victim were aware of the separate postal administration between the Defendant and the victim.

Above all, the defendant is aware that the parents of the victim are trying to use the letter in a serious mind while blicking the defendant to commit the crime.

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