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(영문) 광주고등법원 (제주) 2014.04.30 2014노14
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a situation favorable to the defendant, where the defendant drinks and inhales alcoholic beverages that meet the main volume on the day of this case, and thus lose self-defense, which eventually caused the murder, and eventually caused the murder, the defendant has no record of criminal punishment, and the defendant shows a strong reflectivity, etc.

On the other hand, the Constitution guarantees the dignity and value of human beings as the fundamental norm, and the crime of murder is a serious criminal that infringes on the right to life, which is the basis of human dignity and value, and the defendant causes the death of the victim, who is de facto spouse, by knife the victim, and physical and mental pain which the victim was suffering at the time, and the bereaved family members of the victim also seem to have been seriously shocked, etc. are disadvantageous to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, the recommended sentencing range of the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Supreme Court, it is not determined that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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