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(영문) 부산고등법원 (창원) 2018.09.05 2018노180
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (15 years of imprisonment) is too unreasonable.

2. The following facts are the sentencing materials favorable to the Defendant: (a) the Defendant’s recognition of all of the instant offenses; and (b) the instant case ought to take into account the equity in the case of sentencing a judgment at the same time under Article 39(1) of the Criminal Act with respect to the concurrent offenses of the latter part after Article 37 of the Criminal Act with regard to the crime of violation of Road Traffic Act (measures after an accident) as indicated in the

However, the crime of murder in this case is a case of murdering a victim who is friendly by the defendant against the wife C at several times on the floor and the wall of the defendant. The crime is extremely violent and cruel, the victim who cannot resist due to cruel murder out of the body of the defendant was lost from a cruel mental impulse, and the victim who was his bereaved family member was also punished for the defendant, and the victim was punished for the defendant. After the defendant's murder in this case, the victim was tried to urgently to the hospital.

It is difficult to consider the fact that the Defendant committed an act to prevent the Defendant from leaving C from leaving C at home, and the Defendant also committed a violation of the Child Uniforms Control Act (child abuse) which provides for the victim prior to the murder of this case.

Defendant’s defense counsel asserts to the effect that the Defendant’s instant murder crime constitutes “Class 1 homicide” under the sentencing guidelines of the Sentencing Commission by “the Defendant’s family murder with considerable lack of normal judgment.” However, in light of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s attitude to make statements to the investigation agency, etc., at the time of the instant murder crime, the Defendant was in a situation where the normal judgment was significantly lacking.”

It does not seem that it does not appear.

Therefore, this crime of murder is committed.

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