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(영문) 서울고등법원 2016.09.08 2016노1880
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 18 years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant's assertion that there was no intention to kill victims, but the court below found the defendant guilty of all the facts charged against the defendant by misunderstanding the facts.

(2) The sentence sentenced by the lower court of unreasonable sentencing (15 years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s assertion that the above sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below that recognized that the defendant had the intention of murdering the victim at the time of the crime of this case is justified in light of the following circumstances: (i) the Dog used by the defendant for the crime of this case can be sufficiently used as a tool to kill a person in a knife knife with the length of 20 cm and the total length of 32 cm; (ii) the victims, etc. who may cause direct harm to human life if the defendant was damaged due to the location of an important long-term location inside, and (iii) the victim C was closed and the back in the case of the victim C, and the victim D was exposed to 15 cm with strong force of the defendant at the time of the crime of this case.

The defendant's assertion of mistake is without merit.

B. The instant crime is not planned but contingent, and the Defendant’s failure to commit another crime in Korea during the period of stay exceeding two years may be considered as somewhat favorable circumstances to the Defendant.

However, the crime of this case is not likely to commit an attempted crime because the defendant murders a woman living together with knife two times in a knife, and the mother of a woman living together with knife is attempted to murder with knife at the end of the dispute.

As a result, the victim C is the young age.

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