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(영문) 서울고등법원 2016.03.25 2015노3352
살인
Text

The defendant's appeal is dismissed.

Among the parts related to the forfeiture of the order of the court below's decision, the body in which blood is stored.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (10 years of imprisonment, confiscation) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and is against depth, the defendant surrenders himself to the investigative agency immediately after the crime of this case, the defendant was the first offender and the defendant seems to have low risk of recidivism, the investigation report prior to the request for observation order (Evidence No. 2 of the Evidence Record No. 39 of the record), the parent, who is the bereaved family of the victim, does not want the punishment against the defendant, and the defendant disputes over divorce or division of property with the victim while it is not good between the victim and the ordinary victim, which led to the crime of this case, and the defendant's health is not good.

However, human life is a member of dignity of human being, its own purpose is, and when it is lost, it is excessive to what he/she could not see. Thus, it cannot be used for any reason for infringing human life without permission.

The crime of this case is due to the rhym of the defendant's spouse living together with 35 years and then the death of the victim with the string of his string, and the crime of this case is highly likely to be subject to criticism in that it prepared to commit the crime and planned to commit the crime in advance.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, there are various records, such as the defendant's age, sex, health, environment, motive and circumstance of the crime, means and result of the crime, etc. (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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