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(영문) 광주고등법원 2020.09.01 2020노202
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 15 years of imprisonment) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized all of the instant crimes and reflects on it.

The defendant did not have any history of criminal punishment in Korea, and voluntarily surrenders to the investigative agency after the crime of this case, and if he returns to the mother country, he would recover the damage to the bereaved family of the victim.

These points are favorable to the defendant.

However, murder is a serious crime in which it is impossible to recover damage in any way because it infringes on the irrecoverable value of human life.

As a result of the Defendant’s crime of this case, it is clear that the victim of the nationality of Thailand was not only the victim of the deceased life in other countries, but also caused fear and pain during the process of leading to death.

The Defendant, using knnaf deadly weapons, murdered the victim by a very harsh snife method that may seriously interfere with the victim's life, such as the left chest and the clothes of the victim.

In particular, considering the fact that the defendant was in de facto marital relationship with the victim, it is also a spouse's duty to protect the victim by blocking the possibility of birth of the victim without relief measures even though the defendant was flick time in the middle.

(b).

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