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(영문) 부산고등법원 2019.02.14 2018노580
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (15 years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant: (a) was suspected of having committed an act of unfolding the wife, who is the victim who wants to obtain divorce; and (b) was killed by taking the victim’s eye, hair, etc. into consideration.

The murder is an offense that infringes on the irrecoverable value of human life, and cannot be used in any case.

In light of the scene of crime and the remaining status of the victim's body, it can be seen that the defendant was killed by very cruel means.

Until the victim dies, it seems that the pain and fear of a pipe were very serious, and the child seems to have suffered irrecoverable pain and wound because her mother lost her mother.

Therefore, it is inevitable to punish the defendant with severe punishment corresponding to his criminal liability.

However, in the appellate court, the fact that the defendant led to the confession of his crime and commits the crime of this case in contingency, the defendant seems to have committed the crime of this case, only the criminal records of the fine, and the second father and wife of the defendant are relatively clear that social ties are favorable to the defendant, such as the defendant's birth of his wife against the defendant.

In full view of the above circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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