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(영문) 서울고등법원 2016.01.15 2015노2682

살인등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The sentencing of the lower court (25 years of imprisonment) is too unreasonable due to the nature of the grounds for appeal (the foregoing sentencing is unfair). On the contrary, there are circumstances to be taken into account in determining the sentence against the Defendant, such as: (a) the Defendant: (b) the confession of all the instant crimes and his mistake are divided; (c) the Defendant has no record of criminal punishment in addition to the punishment imposed once by driving under the influence of alcohol; and (d) the Defendant supports the mother, wife, and her children; and (c) the Defendant supports the child.

However, the crime of this case is extremely poor in that the defendant murdered the elderly victim, and moved the victim's body to the construction site, and the victim's body was abandoned, so long as it cannot be altered, the crime of this case is extremely poor.

② In addition, even if the contents of the crime were examined specifically, the Defendant prepared up to the clothes to be sloping after committing the crime, and had the victim sprinked, and had the victim sprinked, and had the victim sprinked. After killing the victim, the victim’s body was loaded on the vehicle and sprinked the body of the victim at the construction site of a drone.

③ In addition, while the body is abandoned, it is difficult to understand the view of presumption of death by leaving the vehicle’s air conditioner, and the dead victim’s cell phone in order to operate a albane by leaving the phone to himself/herself, and the method of committing the crime is very planned and sealed, such as removing a black box from the victim’s vehicle after the framework of the crime.

④ Even in the motive for committing a crime, it is also possible to criticize the Defendant in that he/she used money borrowed from the victim to gambling and living expenses by making a false statement that he/she invests in the company, and received a demand for repayment of his/her obligation, and that he/she murdered the victim vulnerable to the crime to escape him/her, and that he/she did not deprive him/her of his/her life due to his