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(영문) 서울고등법원 2013.05.23 2013노1021
상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant suffers from depression or mental fission, and has committed the crime of this case by contingency under such military register, the first offender, the fact that the defendant deposited money at the original court and the trial for the parent of the victim, and the fact that the defendant reflects the mistake.

However, the crime of this case is deemed to have caused the death of the body of the defendant who was fluent by assaulting the body of a fluent body, causing the death of the victim in the course of the crime, and it seems that the physical suffering of the victim was significantly high. The result of the crime of this case also shows that it is difficult to recover mental suffering from the victim's wife and parents, and that it is not easy to recover mental suffering from the victim's parents, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the punishment of the court below shall not be deemed to be unfair because it is too inappropriate.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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