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(영문) 광주고등법원 (전주) 2018.04.03 2017노190
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

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

2. Prior to the judgment on the grounds for appeal by the Defendant’s appeal, the health class ex officio prior to the judgment on the grounds for appeal by the Defendant, and the prosecutor reached the court of this case, and applied for an amendment to the indictment, which changed the phrase “as of June 1, 2017,” “as of June 1, 2017,” “as of June 23:04,” the judgment of the court below was no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Inasmuch as the judgment used again is the same as the entry in each corresponding column of the judgment of the court below, the summary of the facts constituting the crime and the evidence recognized by the court below, as well as the summary of the facts charged and the evidence thereof, shall be cited in accordance with Article 369 of the Criminal Procedure Act, except that the judgment of the court below, “as of June 1, 2017, about 23:30,” which is “as of June 1, 2017, around 22:04,” which is “as of June 1, 2017.”

Application of Statutes

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

1. Reasons for sentencing under Articles 52(1) and 55(1)3 of the Criminal Act to mitigate self-denunciation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of murder] and the mitigated element of the second type [the person subject to special sentencing] [the person subject to special sentencing] mitigated element: The number of self-denunciation [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] from seven years to twelve years [the person subject to general sentencing] mitigated element: The causing of the victim and the serious reflectivity.

3. Determination of sentence: The crime of this case for the eight-year period of imprisonment with prison labor is to be absolutely protected when the defendant kills the spouse's neck while he/she had a dispute with his/her spouse who is suspected of being divorced.

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