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(영문) 광주고등법원 (제주) 2015.05.20 2015노35
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and divided, and that the defendant seems to have committed the crime of this case somewhat contingently under the influence of alcohol.

On the other hand, the crime of murder is a serious criminal that infringes on the right to life, which is the basis of human dignity and value, and the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant committed the crime of this case, while drinking with the victim, knifely killed the victim by a knife knife, and that the result of the life is too harsh compared to the motive of the crime is too harsh, and there are many criminal convictions who were punished by the same kind of criminal offense or imprisonment.

In addition, considering the defendant's age, character and conduct, environment, family relationship, criminal record, motive and background of the crime, method and consequence of the crime, the recommended range of sentencing guidelines, and the sentencing guidelines, it is not determined that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed 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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