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(영문) 광주고등법원 (전주) 2018.11.20 2018노105
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 12 years and the fine of 500,000 won) is too unreasonable.

2. The judgment of the court below is that the defendant committed all of the crimes of this case and reflects his mistake. The crime of murder of this case requires the defendant to pay overdue wages to the victim who is the owner of the ship, and murdered the victim once in knife with knife. The victim did not pay wages to the defendant despite the continuous demand of the defendant before the crime, and even at the time of the crime, the victim's refusal to pay wages led to the defendant's emotional injury, which led to the defendant's emotional injury, which led to a contingent crime, and there was no record of punishment for the same crime or violence related to the violation of the Fisheries Act, and the amount of capture due to the crime of this case did not exceed the amount of fine.

However, in light of the following circumstances: (a) the crime of murder of this case, which resulted in an unfasible consequence of the death of the victim; (b) murder is very heavy; and (c) murder is an act of cutting the life of a human subject to absolute protection; and (d) the Defendant infringes on the life of the victim, which is the very valuable value of human dignity; (b) there is a high possibility of criticism by itself; (c) the Defendant was unable to receive a cry from the bereaved family of the victim until this court; and (d) the Defendant was prepared in advance to find the victim by preparing the knife directly for the crime of this case; and (e) the Defendant was seeking the victim by taking into account all the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive, means, consequence, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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