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(영문) 대전고등법원(청주) 2020.08.27 2020노66

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (13 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court determined that: (a) considering favorable circumstances, such as ① the fact that the Defendant appears to have committed the instant crime by contingency, and that there was no power to commit the instant crime; (b) considering the motive and circumstance leading up to the instant crime, the Defendant’s act of taking a life of one person cannot be justified; (c) the victim did not make any resistance upon the Defendant’s unexpected attack intending to damage outside a rail of 5th height; (d) the victim fell down on the ground and did not feel fear and suffering from pain during the course of leading death; (e) the victim’s child, who was the fifth grade of elementary school, should live in the shock and sliffing of her mother; and (e) the Defendant attempted to conceal her own crime as if she committed suicide after committing the instant crime; and (e) the Defendant did not receive a letter from her bereaved family; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) determined the Defendant’s punishment by comprehensively taking account of various conditions after committing the instant crime.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, even if considering the circumstances newly discovered in the course of the sentencing hearing of the court, such as the fact that the defendant recognized that all of his criminal acts were committed in this court, and divided the wrong facts, and deposited five million won for the bereaved family members of the victim, it is not recognized that maintaining the sentencing determination of the court below is improper.

Therefore, it is true.