(영문) 광주고등법원 2012.12.13 2012노401 | 리걸엔진

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자간(%)

(영문) 광주고등법원 2012.12.13 2012노401

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Reasons

1. The main point of the grounds for appeal (seven years of imprisonment) of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant, who led to the confession of the crime, reflects his mistake in depth, did not have any record of punishment heavier than the previous fine, and that there was a situation in which the Defendant committed a crime somewhat contingently in the course of pursuing the misunderstanding that he/she and the victim are in in an inhuman relationship with his/her wife and the victim, and that there was an agreement with the former wife who is the heir of the victim with whom he/she exercised parental authority

However, the crime of this case is highly serious in the nature of the crime because the defendant is suspected of having a pro-friendly relationship with his wife and murdered the victim. The crime of this case is planned by the preparation of the tools for the crime. The murder of this case is deprived of human life, which is a valuable value, and it is difficult to see that there is a special reason to consider the result in significant and motive. Although the defendant agreed with the former part of the victim, it is insufficient to see that the defendant has reached an agreement with the former part of the victim, in light of the situation where the victim is raising his wife and 6 years before the former part of the victim, it is insufficient to see that the defendant has reached an agreement with the true bereaved family; the mother of the victim wanted to punish the defendant; the situation of the crime of this case; the defendant's age, character and behavior; the circumstances after the crime of this case; and all kinds of sentencing conditions after the crime of this case are considered to be unfair because the court below's punishment is somewhat inappropriate.

3. The decision of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the prosecutor's appeal is well-grounded, and the judgment below is again decided as follows.

Criminal facts

The facts constituting an offense recognized by the court as well as the summary of the evidence shall be as follows.

참조조문

-형사소송법 제364조 제6항

유사 판례

-광주고등법원 2015.02.12 2014노350

-부산지방법원 동부지원 2014.05.28 2014고단622

-광주고등법원 2013.01.31 2012노530

-전주지방법원 2015.12.17 2015고단1828

-대구지방법원 서부지원 2013.02.15 2012고단1604