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(영문) 광주고등법원 2013.05.30 2013노139

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

The name of trademark, seized, e.g., e., TaUTY : BEAUT.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. Determination

A. The favorable circumstances are favorable to the defendant, such as the fact that the defendant is both aware of the facts of the crime and is divided into his mistake, and that there is no record of criminal punishment.

B. Unfavorable circumstances 1) The instant crime alleged that the Defendant’s marital life of the Defendant and the victim, while making a suspicion that the victim is not only the other male, did not reach the other male, did not lead to the gap between the Defendant and the victim. However, even though the Defendant agreed to the victim, the Defendant was murdered on the part of the victim on the ground that the victim was demanding a continuous divorce, and that the victim’s life was infringed. As such, the Defendant alleged that the Defendant continued to demand divorce by demanding divorce from the other male, but rather caused the Defendant to commit the crime. However, the Defendant’s attitude seems to disregarding the Defendant’s victim, the Defendant’s economic and intangible ability, and the cause of failure in the marital life is deemed to have occurred entirely due to the cause attributable to the victim. Furthermore, the marital life of the Defendant and the victim was broken down due to the cause attributable to the victim.

Even if it is not a reason to justify the defendant's crime.

3. On September 24, 2012, around 21:40, the Defendant stopped the Defendant’s car to F, located on an expressway between YYYYA, and moved from the driver’s seat to the back seat of the car, and then murdered the victim’s timber that he was sitting on the top of the string line of the car. The time of the crime was night, the place of the crime was the road where the vehicle was committed was used at night, and the vehicle’s traffic was not high, and the Defendant moved to the back seat of the car.