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(영문) 대구고등법원 2017.08.10 2017노256
살인등
Text

1. The part of the judgment below on the defendant is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

A seized knife, f.o.

Reasons

In light of the summary of the grounds for appeal on the part of the Defendant, the sentence (a life imprisonment, confiscation) imposed by the lower court on the Defendant and the person who requested an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable in light of the sentencing conditions in the instant case.

Judgment

Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant, who was committed a convenience store, was knife and knife with the victim who was an employee, and knife with knife and knife eight places, such as the victim's chest, knife, clothes, and head, etc., and murdered the victim. The crime of this case was committed against the victim on the ground of minor knife and knife without being involved in his own appraisal. In light of the motive, place, method and relation between the defendant and the victim, etc. of the crime of this case, the crime of this case was committed against the victim on the ground that the crime of this case was committed against the victim on the ground of minor knife and the most serious criminal for which it is impossible to recover from the damage by any method. Due to the crime of this case, young victim lost his life without being able to make his own mind and make his bereaved family members unable to live together, and the victim was seriously punished against the defendant.

On the other hand, the defendant shows the appearance of recognizing and reflecting the depth of the crime of this case, there is no record of criminal punishment in Korea, and the defendant has experienced friendly health problems and economic burden of his family in China, which seems to have affected the crime of this case. The defendant's mental health condition seems to have been part of the crime of this case, rather than planned to commit the crime in advance or prepared to commit the crime, but led to the crime of this case in a contingent manner without giving his own appraisal under the influence of alcohol, and in light of the above circumstances of the crime of this case, this case is our country.

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