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(영문) 광주고등법원 (제주) 2013.07.17 2013노40
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (12 years of imprisonment) by the lower court is too unreasonable;

2. The circumstances favorable to the defendant include the fact that the defendant has no record of criminal punishment, the fact that the defendant voluntarily surrenders himself/herself and recognizes the crime immediately after the crime of this case, and that his/her mistake is divided.

On the other hand, the fact that the defendant knifely knife the victim at least 40 times, so far as the law of the crime is extremely harsh, and even though the victim's mental suffering is very serious, the defendant did not make a serious effort or compensation to recover the victim's bereaved family members, and that the victim's bereaved family members have repeatedly been punished from the court below to the trial court, and that the victim's bereaved family members want to do so is disadvantageous to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive and means of crime, and the result of the application of sentencing guidelines by the Sentencing Committee, including all of the sentencing conditions in this case, including the defendant's age, character and behavior, circumstances after the crime, and the circumstances after the crime, and the result of the application of sentencing guidelines by the Sentencing Committee, it cannot be deemed that the sentence of the court below which determined the lowest sentence of the above sentencing guidelines is too unreasonable compared to the defendant's liability.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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