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(영문) 광주고등법원 (제주) 2016.02.03 2015노126
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (20 years of imprisonment, No. 9) is too unreasonable.

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

2. The fact that the Defendant recognized most of the instant crimes and shows a certain degree of penure to his mistake is favorable to the Defendant.

On the other hand, murder is a crime of cutting the life of a person who is a valuable value that cannot be altered on the other hand, and the result of murder is frighten without any further result, and cannot be recovered in any way. The defendant prepared a knife, which is a deadly weapon to commit a crime in advance, and finds the victim's face and body in drinking in the control room operated by the victim, and caused the victim's death in a knife with the victim's chest knife twice following the victim's escape. The crime of this case seems to have been planned and very harsh, and the victim's bereaved family members could not speak due to the crime of this case, and the defendant seems to have suffered serious shock and pain to the extent that the victim's bereaved family members cannot speak.

In addition, in full view of the Defendant’s age, sex, environment, family relation, criminal record, motive and background of the offense, method and consequence of the offense, and the scope of recommended sentencing guidelines, such as the circumstances after the offense, the lower court’s punishment is too heavy or unhurd and unfair.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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