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(영문) 대구고등법원 2017.12.21 2017노515
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the defendant in light of the various sentencing conditions in this case, the punishment sentenced by the court below (25 years of imprisonment and 1 knife confiscation) is too unreasonable.

In light of the various sentencing conditions of the Prosecutor’s instant case, the above sentence sentenced by the lower court is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant appears to have been aware of and against the instant crime; (b) there was an economic difficulties, such as the termination of employment visa at the time, and return to China; and (c) there was no history of criminal punishment in Korea.

On the other hand, the crime of this case is committed by the ship of Chinese nationality only on the ground that the defendant, who was a ship of the same Chinese nationality, was trying to ignore the defendant and murder the victim. The victim's bereaved family members were knife with the food knife that was hidden at the factory site twice. The crime of this case was committed by knife and knife so long. In light of the circumstances of the crime, the method of the crime and the relationship between the defendant and the victim, etc., the crime is very poor and heavy, murder is the most valuable human life which is the most valuable value, and in any way it is impossible to recover damage. The defendant prepared the crime of this case with the motive that the victim would die in advance. The victim's bereaved family members could not be able to make a lifelong cleaning and mind, and the victim's bereaved family members were still unable to receive the victim's punishment against the victim's bereaved family members.

As above, the sentencing factors favorable or unfavorable to the defendant are different.

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