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(영문) 광주고등법원(전주) 2020.12.09 2020노189
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one-eight years of imprisonment, etc.) is too unreasonable.

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

2. The Defendant, in advance, planned to commit the instant crime by purchasing a criminal tool, parking a vehicle in a place without CCTV, etc., and then committing the instant crime of killing the victim at least 10 times at the speed of 10 times, and the responsibility for such crime is heavy.

In addition, murder that infringes on the life of the person who is the highest legal interest and the fundamental value of the highest, can not be used as it itself, and there is a need for strict punishment.

Until the death of the victim, the victim seems to have suffered serious pain, and the spouse of the victim seems to have received a big mental impulse by witnessing this Chapter.

The defendant was unable to receive a letter from his/her bereaved family members.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case as the first offender who has no record of criminal punishment.

The Defendant directly reported the crime to the police immediately after the instant crime was committed.

When living together with the victim, C and D met frequently with the victim and requested living expenses, etc., C, including loans, and D delivered approximately KRW 46 million to the victim and his/her spouse, including loans (Evidence 2:368-369 of the evidence record), and the defendant who has considered more importance than ordinary family members, took care of the above damage from the above C and D and went to the victim while drinking together with the above C, etc., and went to the victim while drinking, there are some circumstances to be considered in the course of the crime.

The defendant seems to have suffered from the lack of decentralization and judgment-making disorder, such as the ability to provide counseling and treatment to the extent that it is necessary due to the rapid growth process.

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