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(영문) 광주고등법원 (전주) 2013.11.05 2013노185
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

A seized kitchen (No. 1) shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of suspended execution and confiscation) is too unhued and unfair.

2. The judgment of the defendant recognized the crime of this case, and did not go to the victim and his children, and the defendant reflects his mistake in depth. The defendant, while working as a Chinese language instructor, raised his children, and fulfilled her mother's role, and even as his wife appears to have seen the victim as staticly, and the defendant was staying home late at night without finding a distance between several months between the victim and the victim at the time of this case.

It seems that the Defendant committed the instant crime in the course of dispute over the intention to move back again. After the instant crime, the Defendant reported the instant crime to 119 immediately through neighbors, and attempted to inform the police officer of the crime and to cope with the situation. The victim’s bereaved family members agreed with the Defendant to raise the three-year elementary school and two children in the first grade elementary school and the second grade elementary school between the Defendant and the victim, and sought the Defendant’s preference against the Defendant, and the Defendant is the first offender who has no record of criminal punishment.

However, the crime of this case is committed by the defendant with the kitchen knife as a knife, and the chest part of the victim's chest, which is the husband, caused the death of the victim due to the serious result that not only is highly dangerous but also the victim's life is lost. Considering that human life has absolute nature and dignity which cannot be disposed of without permission, and that infringement of it cannot be taken against it, the defendant's responsibility is very heavy, so it is necessary to punish the defendant significantly.

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