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(영문) 부산고등법원 2020.04.23 2019노572

살인

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

A. The reasoning of the appeal by the defendant is unreasonable because the punishment sentenced by the court below to the defendant (12 years of imprisonment) is too unreasonable.

B. The Prosecutor’s ground of appeal is unreasonable because the sentence imposed by the lower court on the Defendant is too unfasible.

2. The crime of this case committed the Defendant’s murdered the victim at a 53cc tree dunes with a length of about 53cm of the victim’s head and face.

The defendant murdered the victim who was living together as a couple for about 40 years.

The method of crime is harsh, and the victim seems to have suffered serious physical and mental pain in the course of crime.

The Defendant, without confirming objective facts before the victim’s birth, was aware of the appearance of the victim, and took verbal abuse and assault.

The crime of this case also is one of the most likely crimes in light of the motive of the crime, which is likely to result in a dispute with the victim due to the defendant's suspicion and suspicion.

However, the defendant's act of drinking with the victim was committed in the course of the crime of this case, and it does not seem that the defendant planned to kill the victim.

The defendant voluntarily surrendered immediately after committing the crime, and the court below denied the intention of murder, but it showed the way to make a confession of all the crimes and to reflect it in the first instance.

When the defendant is aged 71 and excluded from previous convictions of a fine for life, he has no particular criminal records.

In light of the above circumstances, the court below's sentencing decision is determined and acceptable as a result of proper consideration of sentencing conditions in the sentencing guidelines of the Supreme Court's sentencing committee's sentencing sentencing range (at least 15 years of imprisonment, and at least more than 15 years of imprisonment).

There is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below.

The above circumstances are the defendant's age, character and behavior.