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(영문) 광주고등법원 2016.01.21 2015노527
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (18 years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant voluntarily surrendered and led the Defendant to commit the instant crime; (b) the Defendant, while drinking alcohol, has committed the instant crime with the victim; (c) there is no history of criminal punishment other than a fine imposed once due to the crime of injury; and (d) deposited KRW 10 million to the bereaved family members of the victim in the first instance.

On the other hand, during the dispute between the victim and the victim, the defendant is in a state unfavorable to the defendant, such as the following: (a) the victim's neck, face part, etc. are 12 times in knife, murdering the victim cruelly, etc.; (b) the circumstances and methods of the crime are extremely poor; (c) the victim's act seems to have suffered extreme fear and pain until the death; and (d) the victim's bereaved family members are also deemed to have considerable mental shock; (b) the victim's bereaved family members and the knife desire to punish the defendant's severe punishment; and (c) the defendant did not receive a letter from the victim's bereaved family members up to the trial.

In full view of the following circumstances and the Defendant’s age, gender, environment, circumstances surrounding the instant crime, and the sentencing guidelines of the Sentencing Committee (one year to 30 years), etc., the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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