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(영문) 서울고등법원 2017.05.19 2017노518
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (15 years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendant, who was at work, was killed by cruel methods, such as taking the victim’s head into a pipe, taking the victim’s head into consideration, taking the victim’s head into a pipe, and taking the victim’s head on the floor, making it out on the floor, making the victim’s head unsatisfy, and making the victim satisfy several times with a cleaning machine and pipe sirens, and thus, constitutes a serious crime

With regard to the crime of this case, the victim was suffering from extreme pain, and the victim's surviving families have great mental impulses and pains.

However, the defendant did not make any effort to recover damage, and the bereaved families of the victim want to be punished by severe punishment.

However, the defendant recognized the crime of this case and reflects his mistake, and there is no record of criminal punishment in the Republic of Korea.

While the Defendant was under stressed on the thought that he would be neglected to the victim who is a normal workplace, the Defendant seems to have caused the instant crime by taking out severe humiliation from the victim on the day of the instant crime.

In addition, taking into account the various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable because it is too heavy.

Therefore, the above argument by the defendant and the prosecutor cannot be accepted in entirety.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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