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(영문) 부산고등법원 (창원) 2019.06.19 2019노88
살인
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (seven years of imprisonment, etc.) is too unreasonable.

Judgment

The fact that the defendant recognized the crime of this case and divided his mistake in depth, and that the defendant had been able to support the victim again since around 18 years ago with the victim who was suffering from the fluenite disease and about 1 year and 6 months ago, it seems that the defendant had endeavored to support the victim. The defendant has no criminal power, there is no economic burden of supporting the defendant's wife and the victim, the economic burden of supporting the defendant's wife and the victim, and the collapse caused by verbal abuse or assault of the victim, etc. It seems that the defendant has been prevented from committing the crime of this case. After the crime of this case, the defendant surrenders himself to the investigative agency after the crime of this case, and that the defendant's family members want to boom the defendant's wife against the defendant.

On the other hand, the crime of this case is committed by murdering a victim who was divingd by the defendant, in light of the circumstances and contents of the crime, and the responsibility for the crime is very heavy, which results in the loss of a ear life that cannot be altered by the victim, and since a ear human life has an absolute nature and dignity that no one can dispose of it without permission, the act of infringing it should be punished strictly. Even if considering that there are many kinds of defendants, it appears that the defendant could have been able to find other alternatives, such as taking a procedure to hospitalize the victim by entering his wife and her son, etc., and the fact that the defendant made a false statement at an investigative agency before she surrenders himself/herself, etc. is disadvantageous to the defendant.

The above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, and the enactment of the Supreme Court’s Sentencing Committee.

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