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(영문) 서울고등법원 2020.06.11 2020노653

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (13 years of imprisonment) imposed on the Defendant by the lower court is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The Defendant: (a) was scambling down the letters taken by the Defendant’s her husband’s son; (b) was scambling Ma-gu, the victim was scambling for the reason that she did not bring them up and return them; and (c) was scambling the victim’s blades for the ecambane (a total length of approximately 16.3 cm, approximately 7.8 cm in length) which she was carrying in a flat.

At the time of committing the instant crime, the victims and their children were accompanied by the Defendant, and the place of committing the instant crime is the stairs of the Institute of Public Announcement, and it does not seem that the murder was planned in advance and the face-to-face blade was prepared as a tool for committing the crime

However, human life is a source of dignity of human being, its own purpose is, and once it is lost, so it is too serious that it can not be able to see what he or she is.

Since murder is the highest legal interest protected by the law of our society, and the life of the person who is the highest absolute value, it cannot be justified for any reason that the result is very severe and it is impossible to recover damage.

As a result of the Defendant’s murder crime, the victim received an unforeseeable attack from the Defendant at all, and took away a dead life that cannot be compared to what was the extreme fear.

The defendant has no record of criminal punishment in the Republic of Korea, and all of the crimes of this case are committed in depth, and the defendant is able to lead a life in the future by borrowing the name of the victim.

Furthermore, the birth of the victim who has maintained a close relationship with the defendant is in the court below.