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(영문) 부산고등법원 (창원) 2014.07.30 2014노102
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (10 years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case committed by the Defendant has been in dispute with the victim, who actually was in his or her position, due to the issue of attendance at the company, monetary issues, etc.

It is recognized that murdered to kill the victim's neck, and murder is an act of cutting the life of a human being with dignity that cannot be altered, and in any way it is a serious criminal that cannot recover the damage, and that it is difficult to say that the marriage life of the defendant and the victim was entirely the responsibility of the victim, and that it is difficult for the victim to say that the victim's bereaved family members, including minor children, were suffering from the mental shock and pain of the victim.

It is also recognized that there are more favorable sentencing factors or objective and neutral sentencing factors such as the fact that the victim's bereaved family members (two children) agree with the victim's bereaved family members (sons) and thus, the victim's bereaved family members do not want to be punished against the defendant. When the defendant hears the victim's desire, he appears to have committed the crime of this case by contingency. The defendant acknowledges all the facts of the crime of this case after 3 days of the crime. The defendant voluntarily appeared in investigative agencies and voluntarily surrenders himself, the defendant has no record of punishment for violent crime, and the defendant has no record of criminal punishment for violent crime. In particular, it is also recognized that there are more favorable sentencing factors or objective and neutral sentencing factors such as that the victim's bereaved family members do not want to be punished against the defendant.

In addition, the defendant's character, intelligence and environment, criminal records, motive and background leading to the crime of this case, the means and consequence of the crime of this case, and the circumstances after the crime have been committed.

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