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(영문) 서울고등법원 2018.09.06 2018노933 (1)
아동ㆍ청소년의성보호에관한법률위반(강간등살인)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for life.

Defendant

A.

Reasons

The summary of the grounds for appeal is that Defendant A (unfair sentencing) brought up with rare incurable diseases in the family environment, and the Defendant was in a normal mental condition at the time of committing the crime of murder by force of this case.

In light of the fact that the defendant cannot be seen as having committed a sex offense, there is no criminal conviction against the defendant, and that the defendant has been repented in depth after committing the crime, the punishment (such as death penalty) sentenced by the court below is too unreasonable.

Defendant

C. The Defendant, as to aiding and abetting fraud, did not create a “BD” Internet site (hereinafter “instant Internet site”). On the other hand, at the instant Internet site, the Defendant written comments on the Defendant’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s wife

The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

The public prosecutor's sentence against Defendant C by the lower court is too unhued and unreasonable.

Judgment

Defendant

In view of the fact that the death penalty for which the sentence of death penalty is permitted in Part A is a serious limited punishment of deprivation of human life by itself, and that it is extremely exceptional punishment that can be presented by the dualistic judicial system of a life-sustaining country, there are special circumstances that can be justified in light of the degree of responsibility for the crime and the purpose of the punishment.

A person shall be allowed only when objective circumstances exist to recognize. Accordingly, in sentencing death penalty, the age, occupation and career, sex, intelligence, educational degree, educational course, family relation, existence of criminal record, relationship with the victim, motive for the crime, existence of a prior plan, degree of preparation, means and method, degree of cruel and bad faith, seriousness of the result, number of victims and damage appraisal, the depth and attitude of the crime after the crime, reflectivity and attitude of the crime, the existence of reflective and liability.

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