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(영문) 서울고등법원 2016.04.15 2015노3643

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

one (54 cm in length, 2 cm in diameter) of seized iron bars.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (10 years of imprisonment) is too unreasonable.

2. The life of the person in question is a member of the dignity of human being, in itself, its purpose is, and when one loses his/her value, he/she cannot be able to see what he/she is and what he/she is. Thus, without permission, he/she cannot use it for any reason.

The crime of this case is a case in which the victim, who was a friendly living together by the defendant, was dissatisfied with the victim on the ground that he disregards himself, and the victim was living together, and the crime of this case was committed several times in the course of dispute with the victim after drinking alcohol, resulting in the death of the victim, and the crime of this case was committed disadvantageous to the defendant.

On the other hand, the defendant led to his confession of his crime in depth, and the defendant was living together with his her friendly son. The ordinary son was frightened so that the defendant might have frighten and frighten, and in particular, the victim might have frighten and frightened the defendant due to his frighten and assault for the reason that there was a disability to the defendant. On the day of the crime of this case, the victim seems to have committed a contingent crime by breaking the defendant's insulting frighten and damaging the defendant. The victim did not appear to have attempted to kill the victim from the beginning; the defendant did not seem to have attempted to murder frighten; the defendant appears to have lived with the awareness that he killed frighten; the defendant was frighten and loss of frighten, and the health status of the defendant was not good due to the disability of Grade 5 with the right frightn and power fright.

In addition, the age, sex, health, environment, motive and circumstances of the crime, the means and results of the crime, and the circumstances after the crime.