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(영문) 대구고등법원 2016.10.04 2016노413
강도살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. The Defendant, who made a judgment, led to the confession of a crime and reflects the mistake.

The defendant, from Egypt origin, was not accepted refugee application and was in a lawsuit, was required to perform surgery expenses for her mother while living conditions, such as dismissal at the accompanying work, etc., and was caused to commit a crime, and there was a family member who will support the Egypt, such as wife and children.

However, the crime of this case is a case where the defendant kills the victim from the bank of the victim with knife and knife with knife and knife precious metal equivalent to 46 million won at the market price, and the crime of this case is very serious.

After requesting repair from the victim to the victim, the defendant tried to kill the victim by cutting the knife to the knife and cutting the knife, so far as the victim followed, and the victim had the intention to kill the victim from the beginning in light of the circumstances of these crimes.

The defendant's crime is a serious crime that takes life of human being who is a valuable and decent value, and the victim has knifed the knife and completed the life in the pain.

The children of the victim have suffered from shock and sliffing the victim who is a father who is sincere and well-known father per day, and seems to live the victim's life.

Nevertheless, the Defendant did not make any effort for the victim’s bereaved family members, and it was urgent for the Defendant to avoid liability, such as where the investigation agency provided that all or part of the situation at the time of the crime from the investigation agency to the original trial is not memory.

The bereaved family members of the victim are trying to punish the defendant with severe punishment.

In addition to these circumstances, the records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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