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(영문) 서울고등법원 2017.10.12 2017노2193
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, that the defendant is the primary offender, and that the defendant has agreed with the bereaved family of the victim.

However, the crime of this case is committed by the victim who was in an internal relationship with the defendant, refused the defendant's demand and demanded the continuation of internal relationship by assault and intimidation, and thus, murdering the victim by making the head part of the victim who was divingd with the lids of the water tank. The nature of the crime and the result of the damage are very serious. The victim's bereaved family members are forced to live together with the suffering that cannot be able to lead a life. In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the defendant's above argument by the defendant is too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, since it is evident that "N" of the 3th page 12 of the judgment below is a clerical error in "G", and it is corrected under Article 25 (1) of the Rules on Criminal Procedure).

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