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(영문) 광주고등법원(전주) 2020.09.11 2020노64

살인등

Text

The judgment below

The part of the defendant's case shall be reversed.

The punishment of the accused shall be nine years of imprisonment.

knife.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (15 years of imprisonment, confiscation, and location tracking device attachment order 10 years of imprisonment) is too unreasonable.

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

The court below's order to attach an electronic tracking device to the defendant for 10 years is so short that the period of attachment is too short and thus it is unfair to order the defendant to attach it for 20 years.

2. The crime of murdering by both parties against the accused case on the assertion of unfair sentencing is a serious crime that infringes on the irrecoverable value of human life, and thus cannot be recovered in any way.

The defendant murdered the victim on a several occasions by knife the knife of the victim who is friendly with the knife used at the knife.

Although the wife and children in a de facto marital relationship with the victim did not directly witness the crime of this case, the victim’s wife and children were observed immediately after the crime of this case was committed, and the wife and children of the victim were suffering from unexpected mental shock and pain.

The defendant infringes on the life of the victim who is unable to replace him with the crime of this case, and it is inevitable to severely punish him.

These points are disadvantageous to the defendant.

On the other hand, the defendant has led to the confession of all of the crimes of this case, shows a strong reflective appearance, and there is no record of punishment exceeding the fine.

According to the statement between the defendant and the victim and his family members, the defendant received the prize of KRW 1.23 billion in the amount of KRW 1.5 billion in the amount of KRW 150 million in the amount of money which he received as a result of a prize of KRW 1.5 million in the case of a de facto marital relationship with the victim: Provided, That the wife I, who is in a de facto marital relationship with the victim, was given from the victim to the victim at the investigative agency, and the correct amount is.