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(영문) 서울고등법원 2020.11.25 2020노1439

강도살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment of the lower court (the imprisonment of 25 years) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. The judgment of the defendant found that the victim's house gate was opened at night, and when the victim who was locked after intrusioned to steals money and valuables was faced with the situation where the crime would be discovered by diving on the human body, the victim died in a knife, and the nature of the crime is very good.

The victim is suffering from extreme pain, and the bereaved family who found the victim who died late later seems to have been living together with the wound and suffering which are difficult to make a lifelong hedging.

The defendant was unable to receive suspicion from the bereaved family members of the victim.

This is disadvantageous to the defendant.

However, the defendant was the first offender with no previous conviction, and the victim was killed with a knife found at the home room of the victim, and it does not seem that the plan to kill the victim was possessed from the beginning.

The defendant has a intellectual disability and his/her father and father, and has a physical disability.

The defendant's father paid 4,00,000 won to the State in relation to the crime damage relief fund paid to the bereaved family of the victim.

This is the circumstances favorable to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime, the lower court’s punishment against the Defendant cannot be deemed to be too minor or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.