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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (12 years of imprisonment) is too unreasonable.
Judgment
The circumstances are favorable to the defendant, such as the fact that the defendant is aged and has no criminal record other than fines, that the victim listens from the victim while under the influence of alcohol, and the victim committed the crime of this case in a contingent manner with the victim's breathing that the defendant frights, that part of the victim's children appeal the wife against the defendant, and that the defendant has a depth of his mistake.
However, murder is a serious crime in which the life of a person, who is a valuable value that cannot be altered under this world, and the result is frighten without any further result, and cannot be recovered in any way, the victim is married to the defendant, and the victim is raising his children and grandchildren who have been raised between the defendant even after being married to the defendant, and eventually, the victim's children are suffering from mental suffering that cannot be able to live together. Considering the fact that the victim's children are suffering from the mental suffering that the victim's lives, there is no strict liability corresponding to the act of the defendant. Considering the various circumstances revealed in the arguments in the instant case, such as the character and conduct of the defendant, the environment, the circumstances and result of the crime, and the circumstances after the crime, it is not unreasonable to impose the sentence of the court below.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.