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(영문) 대법원 2020.12.10 2020도12938
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasons, the court below maintained the judgment of the first instance that sentenced the defendant to 12 years of imprisonment by comprehensively taking account of various circumstances that serve as the conditions for sentencing and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court Sentencing Committee as follows.

The life of a person is the highest legal interest that the State and society should protect, and the act of infringing on it is the most fundamental and absolute value, regardless of its reason. Therefore, it is inevitable to punish the act of infringing on it, and therefore, it is inevitable to punish the criminal act of this case. The criminal act of this case was committed by a defendant who was disputing the victim's husband by cutting off about 20 times the body part of the victim's head, which the victim possessed in order to threaten the defendant, and murdered about 20 times, and the criminal liability was very heavy in light of the method and result of the crime. It appears that the criminal act was committed very heavy fear and pain that it was difficult to see up to the death of the victim. The act of murdering the spouse who formed a life of a couple is the basic purpose of legal moral responsibility based on marital relations, and that a serious punishment is needed.

On the other hand, all of the facts of the crime of this case are recognized by the defendant, and the mistake is divided in the truth, the defendant seems to have committed the crime of this case in a contingent manner without participating in the moment due to the extreme dispute with the victim, and the defendant seems to have committed the crime of this case. The defendant seems to have committed the crime of this case, the crime of killing the victim who is her husband by a cruel manner and the remaining life in the pain, the victim's children who are her bereaved family members want the defendant's wife, and the defendant is the first offender who has no criminal power.

In light of the records, the circumstances asserted by the defendant as the grounds for appeal.

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