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(영문) 서울고등법원 2020.12.11 2020노1048
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing)

A. The punishment sentenced by the lower court (one hundred years of imprisonment and confiscation) is too unreasonable.

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

Judgment

The defendant tried to kill the victim, so far as the kitchen knife which is controversial with the victim in his residence, is difficult to do so.

Unlike the defendant's defense room, it seems that only one attack has been committed on one occasion, and it seems that the victim, etc. who tried to avoid the defendant's attack seems to knife.

A human life is the highest legal interest protected by the Act, and an act that infringes upon such legal interest cannot be accepted, regardless of the reason.

However, the defendant asserts that the victim seems to have caused the crime.

The defendant did not receive a letter from the victim's bereaved family, and the bereaved family members want to be punished by the defendant.

On the other hand, the Defendant did not commit the instant crime in a planned manner, and appears to have committed a somewhat contingent crime.

After committing a crime, 112 reports have been made by themselves, and 119 reports have been made to rescue victims.

In full view of the above circumstances and the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., as well as all the sentencing conditions as shown in the records and arguments of the instant case, and the sentencing guidelines of the Supreme Court [Type 2] The enactment of the Sentencing Commission [Attachment 2] homicide [Special homicide] - Reduction element: Self-denunciation [the scope of recommendation area and recommendation range] mitigation area, 7 to 12 years, etc., it is not recognized that the lower court’s sentencing was too heavy or unhued and exceeded the reasonable scope of discretion.

Therefore, the Defendant and the prosecutor’s argument of unreasonable sentencing cannot be accepted.

In conclusion, the appeal filed by the defendant and the prosecutor is groundless, so it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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