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(영문) 광주고등법원 2016.01.28 2015노565
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (18 years of imprisonment) is too unreasonable.

2. The judgment is favorable to the Defendant, such as the Defendant’s failure to commit the instant crime, and the Defendant’s depth reflects on the time of committing the instant crime, and the Defendant voluntarily surrenders to the police after committing the instant crime by phoneing to the police, and attempted suicide on the job, etc.

However, although the defendant murdered the victim, who is a knife knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife and with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knif, the victim who could not properly defend the crime of this case could have suffered extreme fear and pain until knife with the defendant.

Examining the above favorable or unfavorable circumstances, the Defendant’s age, sex, environment, the background of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed unfair to the extent that the Defendant’s punishment is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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