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(영문) 광주고등법원 2015.04.23 2015노102
살인등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (30 years of imprisonment) is too unreasonable.

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

2. The circumstances are favorable to the defendant, such as the fact that the defendant repents the wrong, the fact that the defendant appears to have committed the crime of this case somewhat contingently in the state of neutical problems, such as depression, etc., and that C among the bereaved family members of the victim, who is a male son, will use the defendant.

On the other hand, although the defendant requested a judgment to the former wife who was divorced in 1971 but refused it, there was a record of committing an offense sentenced to imprisonment for life due to the fact that he kills the former wife cruelly with the view to his refusal, improvement, and sacrificing. The crime of this case is very poor, anti-humanistic, and has been abandoned the body of the victim who has difficulty in driving on the ground that the victim made the statement that his marriage was terminated, and the crime of this case was committed again, such as murder in 1971, and there is a high possibility of criticism in that the victim's bereaved family members, other than the above C, did not take any measures for the recovery of damage, and the victim's bereaved family members, other than the above C, want to punish the defendant with severe punishment.

In full view of the above circumstances, the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime, and the sentencing guidelines of the Sentencing Committee (at least 15 years of imprisonment, and life imprisonment), etc., the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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