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(영문) 수원고등법원 2020.11.18 2020노546
강도살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for thirty-five years.

Two (No. 2), one knife, which has been seized.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The punishment sentenced by the lower court (30 years of imprisonment) is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too unhued and unreasonable.

2. The crime of murder is an offense that infringes on the irrecoverable value of human life, and thus is impossible to recover damage in any way.

In addition, robberys can not be rationalizingd or used for any reason as an anti-humanistic crime in which people's life is deprived for economic interest.

The Defendant, who pretended to be a customer, shocked the Victim G, who is an employee, with electric shocking machine, threatened the knife with the knife with the knife, and murdered the victim's stroke over three occasions with electric wires, and took the precious metal of the amount of KRW 530,000,000, which was located therein.

Before committing the instant crime, the Defendant: (a) purchased knife, gas gun, electric shock machines, etc. prior to the instant crime; (b) visited the instant gold bags to visit them to make a prior answer; and (c) visited the scene of the instant crime to remove the Defendant’s fingerprints; (d) concealed the tools of the instant crime; and (e) removed CCTV hard disks installed at the scene of the crime.

Moreover, the Defendant deposited the cash received by selling some of the precious metals taken on the A.M. following the crime of this case into the bank account of the Defendant and his family members.

In light of the circumstances, contents, degree of damage, etc. of the above crime, the possibility of criticism for the crime of this case is very high.

The victim was killed by the cruel method when she was frighten in the state where she was frighted, and she was boomed by the cruel method. It is difficult to see the fear and suffering of the victim at the time.

The bereaved family members who lose their family due to the defendant's crime shall suffer mental damage that is difficult to recover.

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