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(영문) 서울고등법원 2015.04.21 2015노706

살인

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., 12 years of imprisonment and forfeiture) sentenced by the first instance court is too unreasonable.

Since the life of a person on board is the highest value to be protected by the State or society, an act of infringing on it cannot be used for any reason. The crime of this case is a case of killing a victim who does not have any relation with him/her on several kitchens, and it is inevitable to take measures of long-term isolation from society through a sentence of mid-term punishment against the defendant, for the following reasons: (a) the crime of this case is a case of killing a victim who does not have any relation with him/her, and (b) the crime of this case, unlike ordinary murder cases in which he/she has a obvious motive, may be subject to potential crimes; (c) the crime of this case is highly poor and dangerous; (d) the method of the crime of this case is very cruel; (e) the victim lost his/her life with his/her reason; and (e) his/her bereaved family members have no choice but

However, the first instance court held that the crime of this case was committed by the defendant due to mental illness at a recovery office, etc., and it is difficult to hold the defendant responsible for the result of the act, and that the defendant recognized his own crime, and that various sentencing conditions such as the defendant's age, character and behavior, criminal record, occupation, environment, etc. are comprehensively taken into account, and the scope of the punishment to be mitigated for mental disorder (two years to fifteen years), and the scope of the sentencing guidelines for the crime of murder in the sentencing guidelines established by the Supreme Court and the scope of the sentencing guidelines for the crime of murder in the second category (ordinary motive murder): the scope of the punishment to be mitigated for 7 years to 12 years.

The sentence of 12 years has been sentenced to imprisonment with prison labor. In light of all the sentencing materials in the records of this case, it is not recognized that the first instance court's sentence is too unreasonable because the sentence of the defendant is too excessive.

Therefore, it is true.