(영문) 대구고등법원 2012.11.15 2012노351 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2012.11.15 2012노351

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

Seized knife shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (13 years of imprisonment) is too unreasonable.

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

2. The judgment of the defendant caused the death of the victim due to excessive blood transfusion by knife knife, knife, beer, beer, and beer cutting, etc. In light of the method of the crime of this case and the seriousness of the result of the death of the victim, etc., the crime is bad and is more serious.

Although the life of a person is so long as it can not be altered, due to the defendant's wrong choice, the mother of the child, who is the mother of the child, died.

As a result, the mental suffering suffered by children and their siblings who are the bereaved family members of the victim is very serious.

Even so far, it has not been used by the bereaved family members of the victim.

Therefore, the bereaved family members of the victim want to be punished by the defendant.

All these circumstances are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and made a mistake against the defendant, and that there is no record of criminal punishment except for the punishment by a fine twice, and that the victim repeats the statement of the disregarding the defendant's family, etc., and thus, the defendant's crime of this case was prevented by taking into account the circumstances. The defendant voluntarily surrendered to the investigative agency after the crime of this case, that the defendant voluntarily surrenders to the investigative agency, that the family members of the defendant are making efforts to receive a letter from the victim's bereaved family members, such as committing the crime against the victim's bereaved family members.

In addition to this point, the age, character and conduct, intelligence and environment of the defendant, the motive, means and results of the crime.

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