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(영문) 광주고등법원 2019.10.15 2019노260

강도살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 28 years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (30 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of murder is an offense that infringes on the respect and value that cannot be altered in what is the life of a person, and the recovery of damage is impossible.

Victim's bereaved family members have been living together with the pain and mental suffering that they lost the victim during their life, and have tried to punish the defendant up to this court.

The motive for the crime of this case was to escape from the locking of the Defendant’s strawing upon the increase in the amount of damages caused by gambling.

From 4 to 5 months ago, the Defendant was aware of the fact that the Defendant respondeded to the instant bank and was operating the victim as the subject of the crime, and planned the commission of the crime, such as knives and armores.

Even in the method of crime, the defendant has killed the victim's timber, heart, etc. at least ten times, and the motive, circumstance, and method of the crime are heavy.

In this respect, it is necessary to sentence a severe punishment to the defendant.

However, the fact that the defendant voluntarily surrenders himself/herself and is against his/her wrong judgment, there is no history of criminal punishment, and that the defendant deposited 5 million won to the bereaved family members of the victim when he/she was in the trial of the party, it is somewhat reasonable to take into account the circumstances favorable to the defendant.

In light of these various circumstances, the lower court’s punishment is somewhat inappropriate, taking into account the following circumstances: the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed.

3. Since the appeal by the defendant against the judgment below is well-grounded, it is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

【Reason for the Judgment of the Supreme Court】 Summary of the facts constituting an offense and a summary of the evidence