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(영문) 대구고등법원 2013.04.25 2012노744
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

A seized one set of tampers shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (22 years of imprisonment) is too unreasonable

(A) On February 7, 2013, the defendant and his defense counsel withdrawn his argument about mistake of facts and mental and physical disorder on the date of the first trial of the court of the first instance.

The sentence of the court below by the prosecutor is too uneased and unreasonable.

2. The life of the person in question is the most respected value that the State or society should protect, and an act of infringing on the individual’s life cannot be used for any reason.

However, when the Defendant came to know that the victim was dead by a man other than the Defendant in front of the victim's room, he purchased gasoline in the gas station and returned to the victim's room and left the victim's room in the vicinity of the expressway. On the part of the victim's body, gasoline is cut off and cut off to the victim's body, and then the victim suffered a video for the victim's whole 3 degrees of death. In light of the circumstances leading to the crime of this case, the severity leading up to the crime of this case, the cruelness of the Criminal Act, and the fact that the victim was dead by 3 hours after the victim was exposed to a video, the crime is very very unusual or bad, and the crime is very heavy.

On the other hand, the defendant recognized the crime of this case and repented the mistake.

After the instant crime, it seems that the victim tried to file an application for rescue in 119 by requesting another person immediately after the instant crime, and to extinguish the victim's body.

When the defendant was in the trial, the victim's bereaved family members agree with the victim's bereaved family members, and the victim's bereaved family members want to take the action against the defendant.

These points are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court is too minor.

. rather than that.

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