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(영문) 서울고등법원 2016.10.14 2016노1647

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 15 years, confiscation) of the lower court is too unreasonable.

2. The judgment is a favorable condition that the defendant recognized all of the crimes of this case and took an attitude against his mistake, that there is no criminal record against the defendant, and that the defendant is living in the process of killing the remaining life in the form of a crime and suffering.

However, as the life of a person is so heavy that it cannot be altered, the crime of murdering the life of a person is a serious crime without any way to recover the damage. In particular, the murder crime between a person and his family members who shall wear and protect one another is contrary to the human wheels, and thus, cannot be subject to heavy punishment.

The crime of this case is committed by the defendant while the defendant has a friendly dispute with the victim, who is his father/her father/child, killed the victim by taking a dangerous method of crime, such as hand, hacker belt, electric cable, etc., and the nature of the crime is very poor. The victim was suffering from extreme mental and physical pain and has finished his life in the process of murdering her father/child. In light of the circumstances before and after the crime of this case, it is difficult to see that the victim committed an act that may cause murder even if considering the circumstances before and after the crime of this case and the behaviors of the victim, it is difficult to see that the defendant committed an act that is likely to cause murder. Nevertheless, the fact that the defendant made a vindication that the victim provided the motive for murder, and that the bereaved family members of the victim who was the family of the defendant want to be punished

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The records are recorded in the above circumstances, including the Defendant’s age, character and conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, etc.