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(영문) 광주고등법원 2014.05.22 2014노4

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the misunderstanding of facts, there was no intention to kill the victim at the time of the instant case. (2) The lower court’s sentence of unreasonable sentencing (17 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the judgment under the title "the judgment on the defendant's assertion", which is "the judgment on the defendant's assertion" in the judgment of the court below. In light of the above judgment of the court below which is compared with the evidence duly adopted and examined, the judgment of the court below can be sufficiently recognized that there was the defendant's intention of murder at the time of committing the crime of this case, and therefore, this part of the defendant's assertion

B. As to the assertion of unreasonable sentencing, the Defendant’s mistake against himself/herself, and the Defendant’s punishment as a matter of the credit rating with the victim.

Considering the circumstances favorable to the defendant, such as the fact that the Defendant committed the instant crime somewhat contingently during the commission, that some of the money was deposited in the trial, and that the Defendant was punished once by a fine due to the concurrent conduct, and that he was only punished by a fine.

However, the defendant is a person who has worked as a criminal for several years in the Taekwondo Do, compared to the defendant for reasons of the death of the defendant.

In all respects, a female victim, who has no ability to defend, was killed cruelly. Accordingly, the victim experienced fear and pain that cannot be said to be achieved until the last moment of his life, and the victim took away the life of the value that the person should enjoy as human being.

In addition, the defendant kills the victim without being boomed and used in cleaning his clothes, etc. of the victim solely on the ground that the defendant kills the victim.