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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (seven years of imprisonment) by the lower court is too unreasonable.
2. The instant crime was committed by the Defendant, while having a dispute with the victim, who is his spouse, killed the victim's stroke.
As human life is the most respected value, a victim who has been living together for about 53 years as a result of the criminal act of the defendant, was involved in the loss of her valuable life, and the loss of her bereaved family and her mental impulse seems to have occurred.
However, the Defendant, after committing the instant crime, voluntarily surrenders himself to the police, and voluntarily imprisoned himself while committing the instant crime.
There is no history of criminal punishment against the defendant, and both the victim's two children want to take the action against the defendant.
Although the Defendant sought to take account of the fact that the Defendant was in a state of drinking at the time of committing the instant crime, the Defendant consistently with the investigative agency, in light of the fact that “The Defendant was not under the influence of alcohol at the time of committing the instant crime, and was stated to the effect that the instant crime was not committed due to drinking,” it is difficult to view that the Defendant committed the instant crime under the influence of alcohol.
Various sentencing conditions shown in the records and arguments of this case, such as the above various circumstances and the defendant's age, character and behavior, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentence imposed by the court below is within the scope of the recommended sentence according to the sentencing guidelines for murder crimes, and the scope of the recommended sentence according to the sentencing guidelines [Type 2] murder [special motive mitigation factors]] ordinary motive murder [including murdered person]: Confession area of special mitigation [the scope of recommended area and recommendation range] special mitigation area, 3 years to 12 years [the scope of recommendation changed according to the sentencing guidelines].