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(영문) 광주고등법원 (전주) 2020.02.04 2019노210
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the sentence of the court below, which sentenced 13 years of imprisonment to the defendant, is too unreasonable, and the prosecutor is too unfasible and unfair.

Judgment

The act of infringing human life is the highest legal interest and the most dignity value protected by the law, and the act of infringing it constitutes a serious crime which is absolutely unacceptable regardless of its reason, and the defendant knife knife knife knife knife knife knife and knife knife knife knife knife the victim's refusal of debt repayment, it is difficult to defer the mental shock of the victim's bereaved family members who lose love knife knife knife kn

On the other hand, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of criminal punishment, the defendant demanded several times to repay debts to the victim in order to raise operating expenses, etc., and it seems that contingently resulted in the crime of this case. The fact that the defendant and the defendant's wife reported 119 after the crime was attempted to take relief measures against the victim is favorable to the defendant.

In full view of the following facts: (a) conditions for sentencing prescribed by Article 51 of the Criminal Act, such as age, character and conduct, environment, motive and means of crime, and consequence, etc., including the circumstances favorable to the Defendant; and (b) the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing Committee; and (c) details of changes in circumstances related to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the lower court is too heavy or unreasonable to the extent that the sentence imposed by the Defendant is deemed to have exceeded the reasonable scope of discretion

Therefore, the defendant and prosecutor's assertion of unfair sentencing.

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