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(영문) 광주고등법원 2018.11.01 2018노322
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (20 years of imprisonment) is too unreasonable.

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

2. The Defendant killed the victim’s head on several occasions on the wall, floor, etc. on the ground that the victim took a bath.

In addition, the Defendant, while being detained to commit murder, did not have been aware of the crime but did not inflict an injury upon the Defendant when he was committing another pota.

Although the victim seems to have died from extreme pain due to the murder of the defendant, and the bereaved family members of the victim were humped due to the serious shock and loss of the victim, the defendant did not make any effort to protect the bereaved family members of the victim.

The bereaved family members of the victim are trying to severely punish the defendant, and the defendant did not receive the letter of intent from the victim of the crime of injury.

The Defendant committed each of the crimes of this case during the period of repeated crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant has committed a crime, and the defendant has committed a mistake.

The defendant appears to have committed each of the crimes in this case by contingency, and the injury suffered by the victim in the crime of injury is not significant.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relation, motive, means, and consequence of the crime, etc., the sentence imposed by the court below is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is without merit.

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