beta
(영문) 서울고등법원 2019.01.09 2018노2552

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 10 years of imprisonment and confiscation) of the lower court against the Defendant is too unreasonable.

2. The Defendant recognized that the instant crime was committed in the course of the trial, and the Defendant’s mistake was divided.

The Defendant voluntarily reported to 119 after committing the instant crime.

The court below paid 184 million won with the agreed amount, and the bereaved family members agreed with the bereaved family members of the victim does not want to punish the defendant.

There is no history that the defendant has been punished in excess of a fine.

These points are favorable to the defendant.

However, while the crime of this case was committed with the victim's complaint due to money problems, the victim was flicked, and the victim was knife and murdered with knife.

Human life is the most respected value that the State and society should protect, and an act of infringing upon it cannot be justified for any reason.

At the time of the crime of this case, the Defendant was prepared and kept a knife (35 cm in total length, 21 cm in knife) for the commission of the crime of this case, and was wearing a pressure knife with the pressure knife in order to prevent the knife from getting off by hand.

As such, the Defendant was planning to commit the instant crime in advance, and even though the victim did not exercise any physical power, the Defendant began to attack the victim with a knife first, and the knife followed the victim, thereby killing the victim with a knife at least seven times in depth of the knife and the knife of the knife.

It cannot be said that there was only the willful negligence of murder committed against the defendant, who prepared the knife with the criminal tool in advance and escaped at least seven times following the victim.

The crime of this case is type 2 of the sentencing guidelines for murder crimes.