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(영문) 부산고등법원 (창원) 2013.09.06 2013노230

살인등

Text

The defendant's appeal is dismissed.

Reasons

1. The first instance court rendered a judgment of conviction on the part of the defendant's case and dismissal of the prosecutor's request on the part of the attachment order case. Since only the defendant appealed, the part of the attachment order case does not have any interest in appeal, and therefore, this part is excluded from the scope of this court's trial notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

2. The punishment sentenced by the first instance court (one-year imprisonment and confiscation, etc.) to the summary of the grounds for appeal is too unreasonable; and

3. Determination is recognized as favorable factors for sentencing, such as the confession of the instant crime and the attitude of recognizing the victim’s mistake, the victim’s humiliation appears to have been pushed down on the rooftop, there is no punishment heavier than the fine, and the health is not good.

However, the defendant assaults the elderly victim, who was subject to a summary order, and caused the victim's desire for the defendant on the roof because of the minor reason that the victim might scam down on the roof, and eventually kills the victim's nose and the victim's body in order to kill the victim who has yet to be hidden, and then conceals the victim's body, and the crime is very poor and there is a cruel law. Nevertheless, the defendant lacks a serious reflect attitude, such as harming the victim, and the victim's life was lost due to the death of the victim, and the bereaved family members suffered from the victim's mental shock and suffering from the mental shock and pain. Nevertheless, it is also recognized that the defendant has an unfavorable element of sentencing, such as the fact that the bereaved family members who were unable to receive from the victim's bereaved family members have been punished for the defendant's severe punishment.

. The above.