(영문) 대구고등법원 2020.05.27 2019노510 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구고등법원 2020.05.27 2019노510

살인등

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for thirty years;

3. One kitchen (No. 1) which has been seized, shall be a kitchen;

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (25 years of imprisonment) is too unreasonable for the Defendant and the requester for medical treatment and custody or the requester for attachment order (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the Defendant case, human life is the highest legal interest protected by our society’s law and the most dignity value, which is the premise of all human rights.

Since the crime of murder, which essentially infringes on a minor value, is of the nature in which damage cannot be recovered in any way, it is necessary to make a strict punishment corresponding to the liability as a serious crime, regardless of its reason, which is absolutely unacceptable by our society.

At the time of committing the instant crime, the Defendant was in a somewhat weak state of the ability to discern things or make decisions due to the injury or illness, and there was no other criminal records except punishment by a fine of three times prior to the crime.

However, the crime of this case is highly harsh to the extent that the crime of this case is committed by the victim, who is the flick mother of the defendant living in adjoining area, thrown away from the network that the victim is rashing the defendant and returned to his house in a peaceful fashion, thrown away from his own knife so long as the victim can not resist the body of the victim properly, and 90 times or more in 90 times or more in flife so that the victim died at his flife so that the victim died at his flife is seriously harsh and the result of the crime is very poor.

Not only the victim but also the victim's husband's family and the victim's family living at the nearby construction site (the defendant refers to "the defendant's family name" hereinafter) has been bullyinged to himself. The defendant's father and the child's family and the child's family and the child's family and the child's family and the child's family and the child's family and the child's family and the child's family and the child's family and the child's family and family and the child's family and the child

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