살인등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for fifteen years.
For five years to the person against whom the attachment order is requested.
1. The sentencing of the lower court (one-five years of imprisonment) is too unhued and unreasonable.
2. A prosecutor who made an ex officio determination at the trial, filed a request for an attachment order to the Defendant and the person subject to the request for the attachment order (hereinafter “the Defendant”), and the trial rendered a decision to jointly examine the case of the Defendant and the case of the case of the attachment order. The case of the request for the attachment order should be examined together with the case of the Defendant and the case of the judgment at the same time, and the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again ruled as follows.
【Discied Judgment】 The facts constituting a crime recognized by this court are the same as the corresponding column of the judgment of the court below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.
Since the defendant, as stated in its reasoning, commits murder and is likely to recommit murder, probation should be conducted after the execution of punishment.
Summary of Evidence
1. The defendant's oral statement in court;
1. Each police statement of G and H;
1. A death diagnosis report and a written autopsy and appraisal report;
1. Seizure records;
1. Each on-site photograph, ctv photograph;
1. The risk of repeating a crime: In full view of the above evidence, the following circumstances recognized by the record prior to the claim, and other circumstances revealed in the pleading, the defendant is deemed to have the risk of repeating a crime of murder.
① As a result of the adult evaluation of the risk of recidivism against the Defendant, the Defendant’s total score of 17 points constitutes a high risk of recidivism, and as a result of the evaluation of the PC-R, the Defendant’s total score of the risk of recidivism is an intermediate level of risk of recidivism, and accordingly, the Defendant’s total score of the risk of recidivism is an interim level of risk of recidivism.