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(영문) 대전고등법원 2016.08.12 2016노93

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

The seized kitchen shall be one percent (No. 1), the kitchen, and the kitchen.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The punishment of the lower court (10 years of imprisonment) is too heavy.

B. Prosecutor: The sentence of the lower court is too minor.

2. We examine both of the judgment parties’ unfair claims for sentencing.

The life of a person is, in itself, the existence of which cannot be lost once, and in any case, he/she shall be protected from whom he/she is the most valuable value, and the State and society shall also have the highest value, and the State and society shall also have the highest value, and the act of infringing upon it may not be used for any reason.

The family is the minimum unit to be protected and observed by each other for this purpose.

However, the defendant was aware of his own will while living together with his own life, and the victim's life is cruel, and the defendant strokeed with the kitchen knife in the house in which the victim's children are considered to live together with his own life.

Due to such extreme act of the defendant, the victim got her lives by the hand of the defendant who should be respected at his own expense, and the young children are also deprived of the opportunity to grow healthy in a normal home.

In addition, the mother and the sibling of the victim were suffering and suffering from the uncompactable pain and suffering of the victim's death.

Although the defendant has the favorable circumstances as set forth below, even if such circumstances are considered to the maximum extent possible, the defendant, as the defendant, who has taken away the deceased life of his wife who should be protected and caused a serious result of destroying his family, does not have any strong criminal liability corresponding thereto.

However, the defendant suffered serious stress on the business conducted at the time of the crime of this case due to the sudden tax investigation of the crime of this case, the damage net, suspicion, editing evidence, impulse, aggressive behavior, aggressive behavior, unstable emotional failure, and reality.