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(영문) 서울고등법원 2015.03.27 2014노3783
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (20 years of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unreasonable.

2. The crime of this case is a case where the defendant was aware of the sex relationship with the victim and prepared a knife with the victim, waiting for the victim at the place of crime, waiting for the victim, face, chest, clothes, etc., and died more than 10 times, resulting in extremely serious result, which is the most respected value that the State and society should protect, and the nature of the crime is also poor.

In addition, above all, it is not possible to measure the suffering and suppression of the victim who has seriously deprivedly deprived of his life, and the bereaved family members also suffered a large amount of suffering that cannot be able to lead a life, and the bereaved family members want to make a strict punishment against the defendant over several times.

Nevertheless, the Defendant did not take any measures to recover from damage.

Therefore, it is inevitable to punish the defendant accordingly.

However, there are circumstances that make it possible for the defendant to take into account the circumstances, such as the fact that the defendant led to the confession of and reflect against the crime, the remaining victims who love the above women who were dead by the defendant were threatened to cause harm to the above women. As such, there are circumstances to take into account the motive of the crime; the defendant's parents and scams desire to leave the defendant's wife against the defendant; and the defendant has no criminal power.

In full view of the following circumstances, the Defendant’s age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime was committed, and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court is too excessive.

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