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(영문) 서울고등법원 2014.07.10 2014노1132 (1)
살인등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

Reasons

1. The sentence of imprisonment with prison labor for the first instance (15 years of imprisonment) shall be too unreasonable;

2. The Defendant’s crime of this case was divided into Cambodia’s daily activity and Vietnam’s daily activity with a chain and angle, etc. display one another in a group, and assaulted the victim O and E with a chain in the process of cutting down a shoulder, as well as committing the crime of this case. In light of the fact that: (a) the victim P, who was used on the roadside in Cambodia’s daily activity, booms the metal boom and bed with the victim’s hair so as to make it difficult for the victim P to wear the head part of the above victim; (b) the crime and the criminal nature are not very good; and (c) the act of this case committed a group with dignity, such as the crime of this case, has resulted in uncompeting human life as long as it cannot be altered; and (d) the act of this case, a group fighting with multiple people, as a result of the crime of this case, has a great tendency to seriously harm and have a strong tendency to commit violence, and thus, it does not interfere with the society’s surrounding punishment.

However, in the first instance, the first instance court's punishment is too unfair in light of the following: (a) the Defendant's husband, who is the husband of the Defendant, paid a monetary amount to the Z, and agreed to recover part of the damage caused by the instant crime; (b) the Defendant appears to have committed the instant crime in a dynamic and friendship state; (c) the Defendant has committed his mistake in depth while making a confession of the instant crime; (d) the wife and her children are in a position to support the Defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the instant crime; and (e) other various sentencing conditions indicated in the instant argument, such as the Defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

3. If so, the defendant's appeal is justified.

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