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(영문) 대전고등법원 2013.10.30 2013노313
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

The seized air gun 2-707 (No. : D) is air gun.

Reasons

1. The sentencing of the lower court (12 years of imprisonment, confiscation) is too unreasonable.

2. In light of the fact that the Defendant prepared for a strong weapon and knife to commit the crime in advance prior to the delivery of the victim, the Defendant has repeatedly launched the firearms in a distance near the victim, and the Defendant had a firm intent to commit the crime that leads to the victim, and that the Defendant had a strong punishment that corresponds to the result of the act is inevitable.

However, according to S's statement, the defendant and the victim were suffering from extreme stress on continuing external appearance with the victim, and the defendant's continuous demand to adjust the relationship seems to have resulted in the crime of this case by explosioning the wife and the victim, and the victim continued to meet South Korea without complying with the defendant's promise even though they want not to talk again with the defendant's wife, the victim continued to talk with the defendant on the day of the case. According to S's statement, there was a mutual conflict between the defendant and the victim at the time of the case, and it is recognized that the defendant's statement that "I want to be dead or dead, or will not want to do so," and that the defendant brought a total voice and brought about the victim, and that the defendant's statement that the victim did not have a clear attitude to stop force is credibility enough to some extent.

After the crime was committed, the defendant made efforts to rescue the victim, and voluntarily surrenders to the investigation agency, and led to the confession of all the crimes of this case to this court, and led the victim's bereaved family members to commit the crime, and divided his mistake, and the criminal punishment has been past so far.

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