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(영문) 광주고등법원 2019.06.11 2018노555
살인등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (a period of 12 years, etc.) imposed by the Defendant and the person requesting the attachment order (a person under 12 years of imprisonment) is too unreasonable.

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

2. Determination

A. The Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) committed the instant case in the light of the following: (a) the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “instant case”) were tried to have the victim’s head and died; (b) the result was imminent and very heavy; and (c) the Defendant knew that the victim was living, despite having known that the victim was living, he would have suffered serious physical and mental pain until the victim died; (d) the Defendant’s child appears to have suffered heavy physical and mental pain; (b) the Defendant’s mother would have been able to suffer from serious mental shock and pain that it would have been difficult to cope with by the death of the victim; (c) the Defendant’s spouse appears to have been more responsible for the failure of the first marital relationship with the victim; (d) even if the victim was unable to take the issue of the Defendant’s appearance even after the withdrawal of a divorce lawsuit, it is difficult to deem that the Defendant’s liability due to the instant crime was mitigated by such circumstance.

On the other hand, the circumstances favorable to the defendant include: (a) the fact that the defendant was living separately from the victim, resulting in a contingent crime in a mental or physical state; (b) the defendant recognized all the instant crimes and reflects his mistake in depth; (c) there is no criminal record exceeding the fine; (d) the defendant voluntarily surrenders to the investigative agency immediately after the crime; and (b) the fact that the second child complains of the defendant's wife in this court are favorable to the defendant.

The age, age, and age of the defendant.

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