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(영문) 서울고등법원 2015.04.10 2015노503
살인
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

The crime of this case is a stroke of the victim's stroke while the defendant was stroke due to minor problems with the victim who is his wife.

After immediately reporting the instant crime to the police immediately after the Defendant committed the instant crime, there are favorable circumstances for the Defendant, such as: (a) the confession of the instant crime from the Defendant’s reporting to the police to this Court; (b) the Defendant appears to have caused the instant crime by contingently during being wraped with the victim; (c) the bereaved family members are not subject to the punishment of the Defendant; and (d) the Defendant has mental problems, such as age and alcohol addiction.

However, the victim was killed due to the crime of this case by the defendant, and the life of a person was very valuable value that cannot be altered under this world, so the result of the crime of this case is significant without any further consideration.

Although the victim's children expressed their intention that they do not want punishment against the defendant who is his father, the victim's children who are the bereaved family members due to the crime of this case have been shocked and suffering.

In addition, in full view of the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and result of the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.

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