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(영문) 서울고등법원 2013.05.23 2013노1040
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (12 years of imprisonment) is too unreasonable.

B. Prosecutor: The sentence of the court below is too unhued and unreasonable.

2. In light of the fact that the crime of this case, while the defendant was in a dispute with the victim, the defendant knife knife knife knife knife knife, the method of committing the crime was fnife knife, the knife knife knife, and the victim did not receive the letter even though there was no special circumstance to be knife knife knife knife, the victim's bereaved family member did not reach an agreement with the victim, and accordingly

However, since the defendant led to his confession of crime and reflects his mistake, the defendant did not have the history of punishment in Korea, the defendant committed contingent crimes because of his ability to judge during night service, the mother of the defendant deposited KRW 20 million for the bereaved family of the victim in the trial of the case, and the defendant's age, character and behavior, occupation, environment, etc., and the sentence of the court below falls under the basic area of "Type 2 (Ordinary homicide)" among the sentencing guidelines for murder crimes according to the sentencing guidelines, the scope of the recommended sentence range according to the sentencing guidelines, and the scope of the recommended sentence is 9 to 13 years.

In full view of the internal points, since the sentence imposed by the court below on the defendant is deemed appropriate, too heavy, or too unreasonable, it is not recognized that the sentence imposed by the court below is unreasonable, each of the arguments of unfair sentencing by the defendant and prosecutor are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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