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(영문) 부산고등법원(창원) 2020.09.09 2020노91

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (12 years of imprisonment, etc.) is too unreasonable.

2. The judgment that the defendant recognized all the facts of the crime of this case, and divided the truth into the truth, the defendant seems to have committed the crime of this case without participating in the patrol and contingently with the victim's verbal dispute, and the defendant seems to have committed the crime of this case. The defendant is likely to have committed the crime of this case by taking advantage of her husband's cruel means, and the defendant's homicide and suffering, the victim's children who are the bereaved family members of the victim want the defendant's wife, and the defendant is the first offender with no criminal power, etc., which are favorable to the defendant.

On the other hand, human life is the highest legal interest that the State and society should protect, and the act of infringing on it is the most fundamental and absolute value, regardless of its reason, and therefore, it is inevitable to punish it strictly. The crime of this case is an unfavorable circumstance to the defendant, such as: (a) the defendant, in dispute with the victim who is one's husband, was deprived of the victim's head by cutting off about 20 times the part of the victim's head, which the victim possessed to threaten the defendant; (b) the crime was very serious in light of the method and consequence of the crime; (c) the crime was very serious; (d) serious fear and suffering difficult until the victim died; and (e) the act of killing the spouse who has formed a matrimonial relation is destroying the legal and moral responsibility based on marriage and the act of severely punishing the victim is necessary.

In addition, the above circumstances and the Defendant’s age, character, conduct and environment, the motive and background leading to the instant crime, the means and methods of committing the instant crime, the circumstances after the instant crime, especially the cruel and serious nature of the instant crime committed by the Defendant, etc.