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It's a high level spell mostly because it kills without allowing anything like a fortitude save to avoid the death effect. If you don't have sufficient magic resistance (or immunity to death magic) and you don't have enough hitpoints, or allow yourself to get so wounded, you are dead, period.
There are more powerful (in most situations at least) level 9 spells out there by far though, I'll grant you that. It's most likely level 9 because it is under the 3E rules, and that's so because apparently it's 'balanced' that way. I'm sure they put a number of great thinkers on it [img]smile.gif[/img]
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