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(영문) 서울고등법원 2018.10.05 2018노1914
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (13 years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that: (a) under favorable circumstances to the Defendant, the Defendant murdered knife at 20 times the head and part of the female victim knife aged 82 years old with no other motive for murder; (b) considering the motive, method and method of the crime, and the result of the crime; (c) the Defendant did not make any effort to recover damage; and (d) the Defendant did not receive a letter from the victim’s bereaved family; (b) under favorable circumstances, the Defendant recognized the instant crime; (c) the Defendant committed the instant crime; (d) the Defendant committed the instant crime under a state of mental and physical weakness caused by mental disorder caused by alcohol; and (d) the Defendant committed the instant crime by requesting the police to report to the neighboring residents immediately after the instant crime; (e) the Defendant was punished for the violation of marijuana Control Act more than three times, but all of them were punished by imprisonment with prison labor for not later than 200 years; and (e) the Defendant was punished by a fine not exceeding two times prior to the suspended execution of the sentence.

The sentencing of the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the aforementioned various circumstances.

The circumstance that the defendant voluntarily surrendered constitutes a reason for voluntary reduction or exemption of punishment, and thus, the court below did not reduce the number of persons and considered only the reason for sentencing.

However, there are special circumstances to change the sentencing of the court below without illegality.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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