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(영문) 부산고등법원 (창원) 2015.04.01 2014노390
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one-three years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination factors favorable to the Defendant are recognized, such as the fact that the Defendant recognized the instant crime and seriously reflects the Defendant, that the Defendant continued to receive treatment for about twenty (20) years due to depression, tension, etc., and that the Defendant was not subject to criminal punishment except for two (2) fines, and that the Defendant seems to have lived in good faith.

However, the crime of this case, which is recognized by evidence, evidence law and legal principles, is a case where the defendant gets knife in his house on the ground that the defendant got insulting speech from the victim and murdered with knife so far on several occasions, and the crime is very serious, and the crime is committed by the defendant in advance, and the defendant committed a deadly weapon in advance, and the crime resulted in a result that he is unable to flife so that he cannot be sentenced to severe life, and his father, her husband, her husband, and her husband, and flife cannot be sentenced to the pain of the bereaved family who lost his system, and the defendant lives in the future. Nevertheless, the victim's bereaved family members did not pay any compensation to relieve the suffering of the bereaved family members up to the trial, and the victim's bereaved family members are punished with severe punishment against the victim, and the crime is also recognized as an objective sentencing factor or objective factor that is disadvantageous to the defendant.

In addition, considering the circumstances surrounding the instant crime, circumstances before and after the instant crime, the Defendant’s age, character and conduct, family environment, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year to one6 years), etc., the sentence imposed by the lower court is too unreasonable to the extent that it should be reversed.

Therefore, the defendant's assertion is without merit.

[Basic Grounds for Determination of Punishment] - Murder: homicide, Type 2 (Ordinary homicide), etc.

3. Conclusion.

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