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(영문) 광주고등법원 (제주) 2020.04.01 2020노8
살인
Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment of conviction on the part of the Defendant case, and rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was filed.

Since only the defendant appealed against this, the part of the judgment of the court below regarding the case of attachment order does not have a benefit of appeal.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (20 years of imprisonment) is too unreasonable.

Judgment

It is recognized that the circumstance is that the defendant recognized the crime of this case, and that the victim who has suffered a dispute with the defendant has partially provided the possession of this case by finding the defendant's residence and taking a bath, etc.

However, human life is the highest legal interest protected by the law of our society, and is the most dignity value that cannot be altered. Since the murder crime that infringes upon it results in reducing the valuable value that cannot be recovered by any means, it is a serious crime that cannot be absolutely acceptable regardless of its reasons, and the corresponding strict liability is followed.

The Defendant did not seem to feel a particular crime even after committing the crime, such as driving away the victim who is suffering from the knife with the knife, driving away the knife to the knife, and accessing the victim with the knife in order to request assistance.

Until now, the bereaved family members of the victim did not receive the statements, and the bereaved family members of the victim seem to have a lifelong slick and mental suffering.

The defendant is under the influence of alcohol.

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