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(영문) 서울고등법원 2014.06.19 2014노1112
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (30 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. There is no other criminal record other than once a fine is imposed on the Defendant, and the fact that the Defendant, who led to the confession of the facts charged, has divided and reflected the wrong facts, is favorable to the Defendant.

B. However, murder, which is a valuable value that cannot be altered, is the most serious criminal whose damage cannot be recovered in any way, and there is no motive to take into account the crime of this case. The crime of this case is committed by the defendant several times with the kitchen knife and the three knife of the three knife who is a kitchen, and the method of the crime is very dangerous and cruel, and the victim's family members suffered a huge mental distress due to the crime of this case. However, even though the defendant did not make any effort to reach his pain up until now, the victim's family members (including the wife of the defendant) want to punish the defendant strongly.

C. In addition, considering the Defendant’s age (age in 1962), character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the recommended sentencing range (at least 15 years of imprisonment and at least more than 15 years of imprisonment) according to the sentencing guidelines, the sentencing cases of the same kind of case, etc., it is difficult to deem that the sentence of the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is 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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