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(영문) 서울고등법원 2014.05.22 2014노306

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment for life, Defendant B: 18 years) declared by the lower court against the Defendants is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. As to Defendant A, the Defendant, in collaboration with Defendant B, selected the victim as a victim of a crime with knowledge that the victim did not possess a large number of cash in order to settle the price for the business that supplied food materials, etc. while operating the KON, and enticed the victim into a vehicle that was prepared for the crime in accordance with the prior plan. After committing the crime, the victim was imprisoned with a sponsor in the process of committing the crime. Nevertheless, the victim, who wanted to have the victim go to the spon and sponing the knife and knife the knife, carried the victim’s knife onto the vehicle, and abandoned the victim’s body by putting his hand and face over several times in tapes.

In order to kill the victim and forcibly take money and valuables, the defendant got off the victim from the wall of the victim, played a key role in killing the victim by detecting the tape on his head and hand, and even raped the victim in the process.

Due to such cruel crime, the victim died of serious pain, the bereaved family members have lost his or her body or her body to be forgotten, and have no choice but to live while suffering from serious pain that is difficult to be forgotten for life, and the husband of the victim who died of his or her body without any reason is trying to get his or her strict punishment against the defendant.

Therefore, even considering the favorable sentencing factors that the defendant led to the confession of all crimes from the beginning of the investigation and reflects his mistake in depth, and that there is no special criminal conviction except the punishment sentenced due to the crime of injury, the defendant's cruel crimes and their charges are committed.