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(영문) 대구고등법원 2013.03.14 2012노685
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Part of the seized sheet shall be 1, as soon as possible, rubber.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (10 years of imprisonment) is too unreasonable;

2. While the Defendant was in a dispute with the victim, the Defendant duplicating the victim’s luminous address and duplicating the victim’s head twice, resulting in a serious result of the victim’s death, and abandoned the victim’s body to destroy evidence immediately after the crime was committed.

The method and result of such crime, the circumstances after the crime, etc. are likely to be bad, and the criminal liability is also more serious.

Therefore, it is necessary to punish the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant had no record of criminal punishment prior to the crime of this case and has committed a prison life while living in prison, that the bereaved family members want to take the victim's preference by mutual consent with the victim's bereaved family members, that it appears that the crime of this case was caused by contingently at the end of the dispute over the victim's gambling without any special motive for murder, that the defendant's wife and her two children are the most likely to support the defendant's wife and her two children, that the defendant's family and she want to take the defendant's preference over several times, and that social ties relationship is clear.

In addition to this point, the sentencing of the court below is deemed to be unfair because it is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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