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(영문) 서울고등법원 2014.01.10 2013노3302
살인예비
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendants reflect their mistakes, etc., the court below's sentence against the defendants (the defendant A: 1 year of imprisonment, 2 years of suspended execution, 120 hours of probation and community service order, 1 year and 6 months of suspended execution, 2 years of probation and community service order, 120 hours of imprisonment, 1 year and 6 months of suspended execution, 2 years of probation and community service order, and 120 hours of probation and community service order), especially the community service order

2. In determining punishment against the Defendants, the lower court: (a) recognized that continuous and repeated domestic violence committed against Defendant A by the victim G (hereinafter “victim”) committed one of the motives for the Defendants to commit the instant murder; (b) instead of closely planning the murder by the victim for a long time, the Defendants committed the instant murder by failing to comply with and threatening the victim; (c) the Defendants were relatively less likely to commit the instant crime; (d) in depth divided the instant crime; (d) the Defendants did not want to punish the Defendants; and (e) the extent of the assault against the victim; and (e) the degree of the assault against the victim; and (e) the injury of the victim was minor; and (e) deemed that the instant crime committed by the Defendants was favorable to the Defendants, in light of the protected legal interest of the instant crime of murder and its recovery from damage; and (e) in that the instant crime was committed by Defendant B in possession of a knife and practically caused the risk of murdering the victim, despite having failed to respond to the request of the Defendants due to the continuous divorce between Defendant A and the victim’s.

Even if any, its situation.

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