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(영문) 서울고등법원 2015.08.27 2015노1068
살인
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for ten years.

The excessive blade, one blade, 13 cm in length, increased.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (12 years of imprisonment) is too unreasonable;

2. The crime of murdering a person is a crime that takes the life of another person and is more likely to result and risk than any other crime.

In addition, the crime of this case was committed with the defendant living together with the defendant, and committed a cruel murder of the victim who had been financially and mentally assisted by the defendant.

In other words, the defendant left side and left side of the victim with knife knife twice, and the victim knife knife knife knife knife knife knife knife and knife knife knife knife knife knife of the victim in the process.

In addition, even though the main motive of the defendant murdered the victim was that the victim was urged to repay the borrowed money from the victim, it was not agreed with the bereaved family of the victim until the victim was judged just.

Therefore, it is necessary to strictly punish the defendant.

However, the defendant, after committing the crime of this case, required a person who was in the past after committing the crime of this case to report his crime from the investigative agency to the court of this case, which led to the confession of the crime of this case and reflects against the law, the defendant's planned murder does not appear to have been punished in Korea, and the defendant's age, character, occupation and environment, motive, means and method of the crime, method and result of the crime of this case, circumstances after the crime, and the sentencing guidelines for the crime of murder according to the sentencing guidelines, which fall under "the mitigated area" of "Class 2 (ordinary homicide)" of "the mitigated area (special mitigation factor: the defendant was arrested by the investigative agency but only passed since the defendant reported himself to the person who was arrested by the investigative agency)," and thus, the scope of sentence of the recommendation shall be punished by imprisonment.

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