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(영문) 광주고등법원 (전주) 2019.10.22 2019노148
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (10 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime is a case in which the Defendant, while drinking alcohol and having a dispute, knife the part of the victim’s arms, who is the spouse, and knife the knife and knife the knife and knife the knife with the kitchen knife.

The murder is a serious crime which infringes upon human life and dignity and causes irrecoverable damage, and is not rational in any case.

Furthermore, the victim of the instant crime seems to have suffered serious physical pain and mental shocks until the death of the defendant as his spouse.

In light of the motive and means of such crime and the result thereof, the crime of this case is in need of strict punishment.

It seems that the victim's bereaved family members were lost due to the crime of this case, and until the appellate court, the defendant was unable to receive a letter from the victim's bereaved family members.

Such a point is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and is against the law.

It seems that the defendant did not prepare the crime of this case in a planned manner, but did not drink with the victim, and the victim demanded the resolution, so it seems that the crime of this case was committed contingently.

The Defendant reported 112 after committing the crime, and voluntarily surrendered to commit the crime.

Although there are a number of criminal offenses against the accused, there is no particular criminal punishment after 2009.

The family members and the branch members of the defendant want to take the action against the defendant.

Such a point is favorable to the defendant.

As above, the defendant's age, character and conduct, environment, motive and means of crime, including the circumstances favorable to the defendant, as well as the unfavorable circumstances, and the results after the crime.

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