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(영문) 대구고등법원 2015.09.17 2015노352
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten years of imprisonment) by the lower court is too unreasonable.

2. The Defendant killed the victim’s chest with a knife in dispute with the victim who was in resistant relations.

There are extenuating circumstances, such as that the Defendant did not plan and implement the instant crime in advance, but did not take contingent measures, and that the Defendant took relief measures such as sending the instant crime to the hospital immediately after committing the crime by phoneing the 119 Emergency Squads, etc.

However, the instant crime is the most severe crime that cannot be altered, and the life of a person who is a decent value is deprived of, and thus, it is extremely serious crime that cannot be justified for any reason. The husband of the victim complained of the pain and malo, etc. caused by the instant crime, and the husband of the victim wanted to punish the Defendant with severe punishment.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the commission of the crime, equity with the sentencing of similar cases, and the scope of recommended sentences according to the sentencing guidelines (one year to 12 years of imprisonment), the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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