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(영문) 광주고등법원 2019.01.31 2018노415
살인
Text

The defendant's appeal is dismissed.

Reasons

1. It is reasonable to respect the Defendant’s assertion of unfair sentencing in a case where there is no change in the sentencing conditions compared to the lower court’s determination on the Defendant’s assertion of unfair sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, no new sentencing data was submitted by this court and no particular change exists in the sentencing conditions compared to the original judgment.

The defendant is doubtful of the appearance of the victim living together for several years, and the blade length from about 13 cm to that of the victim, among the knife that is disputed by the victim and the male problem, has been faced once by about 13 cm, and the victim has reached knife of the victim's chest fel, and the victim has continued to drive away from the victim's chest due to small room, and the victim has reached knife on several occasions.

Since then, as the victim did not call any resistance, the defendant left a pesticide on his will to commit suicide, and returned back to the house again. The victim discovered that the victim was sleeped with elbluous rice, slicking rice, and sleeped the head of the victim again, and eventually caused the death of the victim.

As above, the commission of the crime committed by the Defendant is very dangerous, and the method of receiving the crime is harsh, and in the process, the victim seems to have caused fear and pain that cannot be sentenced until the death.

Furthermore, the Defendant had already entered the house after the victim was her house, and prepared a letter to the effect that he left the Defendant’s insurance coverage information (439 pages of investigation records), and that he would divide the property (443 pages of investigation records). In light of the fact that the Defendant committed a crime because it has not been long since the victim returned to the house, it is thought that the Defendant would murder the victim in advance and commit suicide rather than committing a contingent act during the dispute with the victim.

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