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(영문) 서울고등법원 2014.02.07 2013노3226
강도살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (30 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (30 years of imprisonment) is too unhued and unfair.

2. The crime of this case is determined by the following facts: (a) the elderly victim C who refuses to lend money to the elderly victim C with a pipe; (b) the victim C continues to be able to take back the victim C with the hack pipe continuously going beyond the victim C; (c) murdered the victim C with a cruel method, such as breaking the victim C’s hand descendants and taking the body of the victim C several times; and (d) taking the victim C’s cash, new card, driver’s license, cellular phone, forcibly taken the victim’s new card as if it were the Defendant’s credit card; (b) the crime was committed by deceptioning the victim amounting to one million won from the victim H; (c) in light of the process of murdering the victim C and the circumstances immediately after murdering the above robbery; and (d) the Defendant is deemed to have committed the crime of this case with a very conclusive intention to murder the victim C on more than three occasions before the death of the victim; and (d) the Defendant is also unable to recover the victim’s body from the crime of this case.

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