beta
(영문) 광주고등법원 2014.08.28 2014노182

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (10 years of imprisonment) is too unreasonable.

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

2. The following should be taken into consideration: (a) the Defendant led to the confession and reflect of the instant crime; (b) the fact that the said crime was committed in a state of mental disorder caused by a sensivity disorder; (c) there is no particular criminal history; and (d) there is no history of criminal punishment; (b) the Defendant’s child and his/her relative have been directed to extreme criminal liability to the extent that he/she would end the first crime and attempted suicide; (c) the Defendant’s child and his/her relative complained of the Defendant’s wife against the Defendant; and (d)

However, despite the above favorable circumstances, the instant crime was committed by the Defendant with 45 years old due to the death of the Defendant’s head and face of his wife, which was caused by death in his house, and eventually caused the death of his head and face due to two frameworks, etc., and the nature of the crime is very poor and the degree of illegality is also high.

As a result of the above crime, the victim died after being damaged by her husband's hand, who is not the other person, who is not the most valuable value of the life. It is evident that the victim was suffering from extreme mental pain and shock during the last moment of his life.

This is clear that it is an unfavorable condition to the defendant.

In full view of the aforementioned grounds for sentencing, Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, circumstances after committing a crime, etc., various conditions of sentencing as indicated in the argument of the instant case, and the scope of recommending sentencing guidelines set by the Supreme Court’s Sentencing Committee (one year to 12 years), etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is without merit, and it is in accordance with Article 364(4) of the Criminal Procedure Act.