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(영문) 대전고등법원 2014.09.26 2014노270
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Reasons

1. The sentencing of the court below (14 years of imprisonment) is too unreasonable.

2. The judgment on the grounds of appeal is that the Defendant killed the victim at his/her face value by taking advantage of the victim’s head, and above all, he/she kills the victim’s life, which is a human dignity, and the victim’s body is concealed in order to conceal his/her crime thereafter, and eventually prevents the victim from finding the body up to the present day, thereby causing a greater pain to the victim and his/her bereaved family members, and the Defendant went out of Canada on February 7, 2013 after committing the crime, and was arrested on November 28, 2013 and repatriated from Canada, and is disadvantageous to the Defendant.

However, in light of the following factors: (a) when the defendant was in the trial for the first time, all of his mistakes are recognized, and is against the truth; (b) the defendant paid a considerable amount of money to the bereaved family members; (c) the bereaved family members agree to use the defendant and the defendant’s wife; (d) the defendant was somewhat contingent and contingent against the victim’s exercise of physical force while his relationship with the victim, civil and criminal litigations, etc. has deteriorated; (c) the defendant has no record of criminal punishment other than once a fine; and (d) the defendant has strong intent to protect his family members; and (e) the defendant has been making efforts to find the body of the victim even at present, taking into account the circumstances favorable to the defendant; and (e) other factors of sentencing as shown in the arguments in the instant case, such as the defendant’s age, character, environment, family relationship, relationship with the victim, means and consequence of the crime; and (e) the defendant’s assertion is deemed to be unreasonable since

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified.

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