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(영문) 서울고등법원 2020.01.09 2019노1656

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. According to the sentencing guidelines of the grounds for appeal, the instant crime constitutes category 2 (ordinary motive homicide), even if it falls under category 3 (non-accident homicide), the scope of the recommended sentence is 15 or more years of imprisonment with prison labor, which is a basic field, and the Defendant paid the amount of indemnity in response to a claim for reimbursement of funeral expenses, etc. by the victims of the Government District Prosecutors' Office, the sentence (25 years of imprisonment with prison labor, confiscation) imposed by the Defendant is too unreasonable.

2. Determination

A. Sentencing 1) The Defendant’s age, family relationship, and growth process were first born in South and North Korea. The father of the Defendant was engaged in a personal taxi transportation business and was under medical care at home after the amambaon surgery on March 2019, and his mother was engaged in domestic work, and his mother was also engaged in domestic work for living. The Defendant entered the university at school and graduated from the university on February 2007. The Defendant was given an official commendation during military life. The Defendant was working at the ambasi insurance company after graduating from the university and was on duty from September 2008 to March 2, 2019, and was on duty at ambacop, etc. for about 10 years. The Defendant, while drinking alcohol every day, and the Defendant dicely dysnickly dys with the Defendant or dystyly dystyed with the victim’s employees.

Around 2019, the victim had been engaged in the instant singing shop B (hereinafter referred to as “instant sing shop”) in South Korea.

From January 2019, the Defendant got to be a customer from the instant singing place, and the Defendant first known the victim who entered the instant singing place from March 2019 to the singing place.