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(영문) 서울고등법원 2017.07.05 2017노814
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (10 years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. The judgment is favorable to the defendant, such as the fact that the defendant has no history of crime exceeding a fine, the recognition of the crime in this case, the fact that the defendant is against himself, the defect in the report at the 119 Fire Center on his telephone immediately after the victim committed the crime, and the defendant has been called up for the fire fighter by explaining the site situation and location, and subsequently, he has taken relief measures such as avoiding the victim's upper part of the body, the police officer dispatched to the scene of the crime, the number of the police officer dispatched to the scene of the crime, and the fact that the victim's bereaved family members deposited KRW 1

On the other hand, the crime of this case is likely to be criticized in that it knifely killed the victim with knife below the left knife of the victim by dividing the dialogue with the victim living together with the defendant. Despite the absence of any particular motive, the crime of this case is likely to kill the victim who has been living together for a long time in the middle of the dispute with a knife.

The result of the crime is very serious because the victim's act has lost a heavy life due to the defendant's act and the bereaved family members such as the victim's children are expected to have suffered a considerable mental impulse.

The bereaved family members of the victim want to punish the defendant.

Such circumstances are disadvantageous to the defendant.

In full view of such circumstances and other factors of sentencing as the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, character and conduct of the defendant, environment, and circumstances after the crime, the sentence imposed by the court below is too heavy or too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit.

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