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(영문) 서울고등법원 2014.04.25 2014노370
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The punishment of the court below against the accused of the gist of the grounds for appeal is too large and unreasonable;

(b)the above sentence is too unfeasible to the defendant.

(Public Prosecutor) 2. Determination

A. The Defendant, with knowledge that D had a relationship with the Defendant and had a bad appraisal of the victim and the right of the victim, committed to the victim on the day of the instant case, and thereby stolen the victim 4 knife from the restaurant kitchen on the road.

In addition, the defendant, in an elementary school playground, knife the victim's face face side by knife, knife the victim's face face, knife the victim's face, knife the victim's face, knife and knife several times, and knife the victim's face, knife the victim's face, knife, knife, and knife, and knife the victim's knife.

It is difficult to view that the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to drinking at the time of committing the crime.

Not only the crime was planned but also the means and methods of the crime shown by the defendant in the course of the crime are harsh.

Since human life is the most respected legal interest that should be protected by the State or society, an act infringing upon it cannot be used for any reason.

It is insufficient to regard the victim's speech and behavior pointing out by the defendant as a motive to lower the possibility of criticism for the crime of this case.

Even though the young life caused by the crime resulted in a significant result of the so-called so-called the crime, the victim did not take any particular measures to prejudice the victim's bereaved family.

According to this, the nature of the defendant's crime is very important, and the defendant requires strict punishment corresponding to his responsibility.

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