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(영문) 대구고등법원 2017.05.08 2017노75

살인등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight years, confiscation) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the following facts are favorable to the Defendant: (a) the Defendant appears to be against the wrongness while attempting to commit the crime; (b) the Defendant took a large quantity of exempted water and attempted to commit suicide with his/her responsibility after committing the crime; (c) the Plaintiff, a bereaved family member, does not want punishment; (d) the primary offender without any such criminal history; (c) the euthancia, urgic disease, urology, and WIG disorder; and (d) the health condition is not good.

On the other hand, the crime of murder is a serious criminal that infringes upon the life of a person who is a dignity value, and which is not absolutely acceptable for any reason. The crime of this case is committed by the defendant, who is the husband, with verbal abuse, assault and female problems, inflicting bodily injury on the victim's face, etc. several times in which the defendant gets informed of the victim's face, etc. in a knife for about five months, and knife the victim's head and face that he/she was diving in the knife, and murders the victim's head and face to knife in the knife at that knife. In light of the circumstances and methods of the crime, methods, results, relationship with the victim, etc., the crime is extremely bad and very poor, and thus, the children who are the bereaved family members have to live in the top of the mind that it is impossible to lead to marriage for 44 years, and thus, the defendant was prosecuted for a more severe reason to resolve the problem of murder.

As above, the Defendant’s age, sex and environment, family relationship, health status, motive, circumstance, means and consequence of the crime, etc. are different from or favorable to the Defendant.