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(영문) 서울고등법원 2016.10.06 2016노1557
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (20 years of imprisonment) is too unreasonable.

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

Judgment

The murder is a serious crime in which the absolute protection of human life is to be taken away, and there is no way to recover the damage, and the act cannot be used for any reason.

Furthermore, the Defendant found the victim's house in the new wall on the ground that the victim D, who is a female, attempted to engage in an inhumanity relationship with himself/herself, and reported that the victims were together, and caused the instant murder and special injury. In addition, there are many parts of the Defendant, which are subject to criticism in the whole motive for the crime.

In particular, even though the victim E was under the influence of alcohol and was in a situation where he was satisfing in a knife or having satisfing any resistance against the defendant, the defendant murdered the above victim without any error with a knife.

The victims' two daughters lost their father who committed the crime, even though they are the age (6,3) that they should have love for the parents of Han Chang-gu.

It is clear that his parents and siblings will live together with the pain and pain.

The bereaved family members and victims E want to be punished for the defendant.

Considering these circumstances, it is inevitable to impose a heavy sentence on the accused.

However, it does not seem that the defendant planned to commit the crime of murder or special injury in this case, immediately after the crime, the defendant voluntarily surrenders to the court below, the defendant deposited KRW 10 million for the victim D in the court below, the defendant did not have any other punishment power except for the punishment by three times, the mother's mother, etc. want the defendant's wife, and the defendant appears to reflect.

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