(영문) 대구고등법원 2019.01.30 2018노392 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2019.01.30 2018노392

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The life of a person is the highest legal interest protected by the law of our society and the most dignity value, and the murder crime that infringes upon it is impossible to recover from damage in any way. Therefore, it is necessary to punish as a serious crime, regardless of its reason, and thus, it is absolutely unacceptable.

The defendant murdered a stroke while dialogueing with the wife in the vehicle, and the victim seems to have died with extreme fear and pain.

The bereaved family members of the victim seems to have suffered from the shock and suffering that it is difficult for them to recover through life, and the defendant was unable to receive a letter from the bereaved family members.

However, the defendant recognizes his criminal act and is in profoundly against himself.

The Defendant appears to have committed the instant crime in a contingent manner while dialogueing with the victim.

After committing the instant crime, the Defendant voluntarily surrendered to the investigative agency.

The defendant deposited 40 million won for the bereaved family of the victim in this court.

A defendant shall have no criminal records, except for those sentenced to a fine once.

In addition, when the sentencing of the lower court does not deviate from the reasonable scope of discretion, along with the various factors indicated in the argument in the instant case, including the Defendant’s age, environment, family relations, circumstances after the crime, and circumstances after the crime (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), it is justifiable to respect such factors (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015), even if considering the circumstances that the Defendant deposited in the instant court, the sentence imposed by the lower court appears to be within the reasonable scope of sentence corresponding to its liability,

The defendant and prosecutor's argument can be accepted.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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