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(영문) 서울고등법원 2017.07.06 2017노1292
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is that the sentence (10 years of imprisonment, confiscation) imposed on the defendant by the court below is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

In light of the reasoning of the lower court’s judgment, such as the background, method, and result of the instant crime, etc., the sentence of imprisonment with prison labor for 10 years, which the lower court sentenced to, or in light of the circumstances unfavorable to the Defendant revealed the record, is somewhat

There is sufficient room to see.

However, if there is no exceptional circumstance, the Defendant appears to have committed a crime, and the Defendant had committed a serious self-injury in 7 to 8 places of suicide immediately after committing the instant crime, and the Defendant was in a critical condition, such as having attempted suicide, and having committed a suicide immediately after committing the instant crime, and the bereaved family members wanted to take the Defendant’s wife against the Defendant, and the Defendant cannot take into account the welfare of his or her children, even if there is no exceptional circumstance, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, if the Defendant’s sentence imposed by the lower court is too uncompared and unfair, it is not recognized until the sentence imposed by the Defendant is too uneasible.

The prosecutor's assertion is without merit, and there is no reason for the defendant's assertion that the court below's punishment is too heavy.

In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, the judgment below is ex officio pursuant to Article 25(1) and Article 25(2) of the Rules on Criminal Procedure as “an agreement divorce” and the “knife (16cm in total length, approximately 28cm in length, about 16cm in length)” of the 20th parallel in the same face.

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