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(영문) 대전고등법원 2014.09.19 2014노269
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (12 years of imprisonment) is too unreasonable.

2. Determination on the grounds of appeal is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the instant crime and reflects the fact that the defendant has no criminal record, and that the defendant must raise the son who has been born between the defendant and the victim.

However, on August 201, the crime of this case was committed by the victim's life, and thus, the result of the crime was very serious. The defendant committed the crime of this case, even though he was sentenced to a two-year suspended sentence of imprisonment for the crime of violation of the Punishment of Violences, etc. Act, violation of the Punishment of Violences, etc. Act, and violation of the Punishment of Violences, etc. Act, and injury caused by confinement, etc. against the victim, the crime of this case was committed against the victim who was sentenced to a two-year suspended sentence of imprisonment. The crime of this case was committed by three children of the victim, who were the supporter and the guardian, lost their mother, even though there was no effort to recover damage, it was intended to take the victim's additional measures against the defendant for raising his grandchildren and grandchildren, and considering all the sentencing conditions of this case, such as the defendant's age, circumstances of the crime, method and method of the crime, and circumstances after the crime, the court below's decision is unreasonable within 10 years to the extent of imprisonment without any particular recommendations for the crime of murder (a six-year sentencing guidelines).

3. In conclusion, the defendant's appeal of this case 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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