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(영문) 서울고등법원 2012.12.06 2012노3332

살인등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below determined that the defendant had had intention to commit murder at least at the time of committing the crime of this case against the victim E on the grounds stated in its reasoning. In light of the records, the court below's determination is acceptable, and there is no error as alleged by the defendant, as otherwise alleged by the defendant.

2. As to the assertion of unfair sentencing by both parties, considering the various circumstances, including the character, conduct, age, intelligence and environment of the defendant, the means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following, the punishment of imprisonment with prison labor for a period of nine years sentenced by the court below within the scope of the sentencing guidelines is deemed appropriate, and the defendant and the prosecutor’s assertion of unfair sentencing are not deemed unfair because they are too heavy or unjustifiable. Therefore, all of the arguments of unfair sentencing by the defendant

[Discriminary Sentencing] The Defendant recognized all the crime of injury of this case against victim D and reflects his fault in depth.

The defendant seems to have caused the murder and bodily injury of this case in a state of mental and physical disability, which is drunk.

D In the case of injury, the degree of injury is not severe and the defendant does not want to be punished.

[Unfavorable Reasons for Sentencing] The Defendant, at the end of a minor vision, murdered E, which was known to the general public, with the pipe, which was a deadly weapon, and thereby, committed a serious crime that could not be taken away the life of the human being, and the injury was inflicted by cutting off D with the stairs, and the nature and circumstances of the crime are very serious.

Although the Defendant was aware of a big mental suffering to the bereaved family members of E, the Defendant did not reach an agreement or deposit for the pain of his/her family members.

3. Conclusion.