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(영문) 광주고등법원 2015.12.03 2015노416

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment of 12 years is too heavy or it is unreasonable to conduct an inspection;

2. The grounds of appeal by the defendant and the prosecutor are also examined.

The following facts are favorable to the defendant: (a) the defendant murdered the victim and voluntarily surrendered the victim to the investigative agency; (b) the confession of the crime; (c) there is no record of crime other than being punished by a minor fine twice prior to the instant case; and (d) there is a need to consider re-socialization after the age of 33 years is young prison life; and (b) the defendant also needs to live life in the aftermath and after the death of the person who was the returnr of the human life.

On the other hand, the life of a person cannot be altered in this world, and the State and society are the most respected value that should be actively protected by the State and society, but the defendant, without clear grounds, has been strokeed for five minutes at the end of the suspicion of the victim's external appearance, or stroke, so long as it is hard to kill the victim's stroke, and the defendant is her wife (three years of age) and the result of the crime of this case seems to be more severe, and the defendant is also in a situation that can be seen as having been under close to the crime of this case by searching information about the sentence of murder on the Internet before the crime of this case, and the victim's bereaved family members suffering from extreme mental shock and pain and have not received a letter from it until now.

In full view of the aforementioned favorable or unfavorable circumstances, the sentencing guidelines of the Sentencing Committee, and other various sentencing conditions, including the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too excessive.