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(영문) 서울고등법원 2017.07.19 2017노1514
존속살해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) deeming that the Defendant’s murder crime constituted “Class 2 (General homicide)” as set out in the sentencing guidelines, the lower court determined the sentence within the scope of the basic area (from 10 years to 16 years) among them.

However, at the time of committing the crime, there are circumstances that may be special consideration for the motive for committing the crime, such as: (a) the victim had a strong sense of injury and decentralization due to the victim’s long domestic violence; and (b) the victim had a desire to take care of the victim before the victim’s child; and (c) again boomed with the victim as if the victim died.

Therefore, it is unfair that the court below judged otherwise despite the fact that the Defendant’s murder constitutes “Class 1 (homicide motive)” on the sentencing guidelines.

Ultimately, the punishment sentenced by the court below (15 years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the argument that the Defendant’s murder crime constitutes “Type 1 (homicide motive)” as the sentencing guidelines set out in the sentencing guidelines (1) refers to the murder with the reason for special consideration in the motive, i.e., the victim’s murder, i., continuous physical or mental damage, such as long-term domestic violence, sexual assault, etc., or where the victim’s or his/her relatives are threatened with actual murder on several occasions, ii) a family member or his/her relatives under the circumstances in which normal judgment is considerably lacking, iii) and other similar cases.

On the other hand, “Class 2 (General homicide)” in the sentencing guidelines is a murder committed by a common motive, and refers to ① murder due to the original relationship, ② murder due to family fireation, ③ murder due to complaints arising from the obligation relationship, ④ other similar cases, or murder which does not fall under one or more different types, or which does not fall under any other types.

(ii)..

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