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(영문) 서울고등법원 2017.03.29 2016노3801
살인등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal (Sentencing in sentencing) is too unreasonable that the imprisonment with prison labor imposed by the court below on the defendant and the person who requested the attachment order (hereinafter “defendant”) is too unreasonable.

2. Determination

A. The Defendant part of the instant case recognized the instant crime, and appears to have caused the instant crime somewhat contingent, and the fact that only four times of punishment of fines, other than the criminal records related to the victim of the instant case, has the only four times of punishment of fines, etc. is favorable circumstances to be considered for the Defendant.

However, the crime of this case is committed against the life of a person who is dignity and has committed a serious crime, regardless of its reason, which is not absolutely acceptable, and has heavy without any further liability. In particular, the defendant, at the time of July 31, 2014, intended to kill the victim's right-hand chest by using excessive amount for the reason that the victim living together, at the time of July 31, 2014, was informed of the decision.

When two or more persons were sentenced to imprisonment with prison labor for committing the crime of inflicting bodily injury on others, and were released from prison on June 30, 2016, and were in the period of repeated crime, the crime of this case was committed on June 30, 2016, again, at the time of the excessive gathering of the victims, and the crime of this case was committed on the one where the victims were uncompared with male customers, and the other was committed on the other 40 days, which eventually led to the death of the victims. During the murder process, the victim's chest and arms were knifeed by the knife and knife away from the building, and the victim's bereaved family members were frighted with the victim's left clothes, etc., and the victim's bereaved family members were frightd with the victim's emotional distress and mental pain, and the victim's efforts to mitigate the victim's injury to the victim's family members were not strong enough.

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