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(영문) 서울고등법원 2019.01.17 2018노2574
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserted mental disorder in the statement of grounds for appeal, but withdrawn on the first day of the appeal by this court.

The punishment sentenced by the court below (23 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The summary of the crime of this case is that the victim E, who was under drinking together with the victims, the native son D, etc., was neglected while drinking alcohol to D, and the kitchen knife purchased out of the restaurant during the process of preventing them from doing so, the Defendant attempted to kill the victim E's clothes once, and murder the victim E's side knife at the next knife, but attempted to murder the victim F's side knife at one time, and attempted to do serious injury and attempted.

B. The lower court, while determining the sentence against the Defendant, comprehensively considered the following favorable or unfavorable circumstances, and the Defendant’s age, environment, character and conduct, family relationship, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee.

(1) All favorable circumstances are as follows:

The Defendant led to the instant crime.

The defendant has no history of criminal punishment in the Republic of Korea.

The defendant agreed with the victim F, and the victim F submitted a written application for the punishment that the victim F does not want to punish the defendant.

(2) Unfavorable circumstances are as follows:

Human life is the highest legal interest protected by the law of our society and the most dignity value, and an act infringing upon it constitutes a serious crime which is absolutely unacceptable regardless of its reason.

The defendant, in one hand, has taken the shoulder of the victim E, and has taken the kitchen with the kitchen knife, and has reached knife on the part of the defendant.

The defendant has reached a fife in such a way that it is almost impossible for the defendant to resist against the other party's body part which is highly likely to lead to human life.

In fact, the victim E dies without harming the young age.

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