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(영문) 서울고등법원 2016.04.15 2016노499

살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal and the person who requested an attachment order (hereinafter referred to as "defendant") committed by the court below to the defendant and the person who requested the attachment order (hereinafter referred to as "the defendant") is too unreasonable.

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

Judgment

The Defendant’s crime of this case was committed by homicideing the victim with the bomner and with fire, and the method of committing the crime is extremely cruel and extreme, as well as the result is significant.

As a result of the defendant's crime, the victim died from extreme pain due to telegraphic video, and it is evident that the victim's husband and children, etc. are also suffering from mental pain to the extent that it is difficult for the bereaved family members, such as husband and children, etc.

Nevertheless, the Defendant, after committing the instant crime, made a serious effort to recover damage to the bereaved families of the victims.

There are no circumstances to see.

Considering these points, the defendant needs to be punished corresponding to him.

The defendant seems to have been aware of the motive for committing a crime that makes it possible for the victim to take the examination and to refuse to renew the contract due to his qualification, so he has lost his workplace.

However, as stated in detail in the 6th day of the judgment of the court below, the victim committed such act.

In addition, even if it is assumed that the defendant's assertion is recognized, it is difficult to justify the crime of this case, and it is also difficult to take the grounds for mitigation of sentencing.

B. The Defendant committed the instant crime in a mental and physical weak condition, such as exchange, exchange, etc.

However, according to the evidence or the result of mental appraisal duly adopted by the court below, the court below was in such a state of mental weakness.

It is also difficult to see it.

However, the defendant committed the crime late.