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(영문) 대전고등법원 (청주) 2013.11.07 2013노91

살인등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (20 years of imprisonment, confiscation) against the Defendant is too unreasonable.

B. The lower court’s sentence of imprisonment (20 years of imprisonment, confiscation) against the Defendant by the Prosecutor is too uncomfortable.

2. The grounds for appeal by the Defendant and the Prosecutor are also determined.

In light of the fact that a person’s life has absolute and dignity which cannot be disposed of without permission, and an act of infringing it cannot be used for the purpose of use, and in light of the fact that the defendant’s criminal liability is heavy, the defendant’s punishment corresponding thereto is necessary; due to the crime of this case, the victim’s serious result was faced with the death of the victim; the victim’s bereaved family members were suffering from an irrecoverable shock and pain; the victim’s bereaved family members became unable to recover through abandonment of the body after the death of the victim; the victim made it difficult to recover the body difficult; the defendant released money from the victim through the passbook of the victim’s murder and stolen it over several times; and in particular, the defendant withdrawn money from the victim from the victim for one million won even after the victim committed the crime committed it, and escape most of the victim’s bereaved family members were punished for entertainment expenses and commercial sex acts; and the victim’s severe punishment against the defendant.

However, in full view of the following facts: (a) the Defendant, who led to the confession of all of the crimes of this case, and escaped from a foreign country, voluntarily returned to the victim’s bereaved family members to commit a crime; and (b) the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime; and (c) all of the sentencing conditions in the records and arguments, including the circumstances after the crime, etc., the lower court’s punishment against the Defendant within the sentencing guidelines is too heavy or unreasonable.

(e).