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(영문) 부산고등법원 (창원) 2013.09.06 2013노226

살인

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental illness and injury.

B. The sentence sentenced by the first instance court of unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the first instance court’s duly adopted and investigated evidence as to the assertion of mental and physical disorder: ① the Defendant was unable to divorce the victim before the judgment; ② the Defendant found the victim’s residence at the time of the instant case due to the lack of contact; ② the Defendant could not immediately divorce the victim’s property; ② the Defendant did not have any money to divorce but bring much money to the victim; ③ the Defendant was in a conflict with the victim; ③ the Defendant used the victim’s desire to boom and scam the victim, and scam the victim to scam, and scam the victim. ④ The Defendant was unable to determine the victim’s ability to scam at the time of the instant crime by taking account of the following circumstances: < Amended by Act No. 1954, Dec. 23, 2007>

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the Defendant murdered a female by taking advantage of the past dispute with the victim who was brought about by the married couple for a long time. The victim, as a result of the instant crime, lost a minor life, and the victim’s children.