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(영문) 부산고등법원 2019.01.31 2018노573

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 12 years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant committed the instant crime, (b) immediately surrenders to the Defendant after having committed the instant crime, (c) the Defendant’s family members and branch members, (d) the Defendant’s primary offender, and (e) the Defendant’s primary offender.

However, life is the most fundamental and minor value in humans, and the life of a person who has taken one time cannot be returned twice. Thus, the act of cutting another's life cannot be used in any case.

In the auction procedure, the defendant found the defendant's apartment, demanded the defendant's wife to transfer the apartment, and was sufficiently divided into what the defendant's wife became aware of the fact of the sale of the apartment, and killed the defendant's chest.

A victim, who had exercised a legitimate right due to the instant crime, lost his/her life at the stroke, and the wife and children of the victim were living in the damaged stroke and suffering.

Considering the process and method of the crime of this case, the result of the crime, and the fact that the defendant has not yet received a letter from the bereaved family of the victim, it is necessary to sentence the defendant with severe punishment corresponding to the liability for the crime.

There is no change in the conditions of sentencing compared to the original judgment, and even considering the reasons for sentencing as stated by the lower court and the defendant’s age, character and conduct, family environment, motive and background of the crime, the means and consequence of the crime, etc., the sentencing of the lower court, which is determined within the scope of the recommended sentencing guidelines, is too big and does not seem to have exceeded the reasonable scope of discretion.

3. Thus, the defendant's appeal is without merit.