beta
(영문) 대구고등법원 2014.11.13 2014노495

살인등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (20 years of imprisonment) imposed by the Defendant and the respondent for the attachment order (hereinafter “defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

In addition, the lower court’s dismissal of the Defendant’s request for the attachment order of this case, despite the risk of recidivism.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of murder is a serious crime that deprives the human life, which is the most valuable value that cannot be recovered from damage by any means.

The defendant killed the victim by making the victim's head, etc. of the above victim's head, etc., who was in close friendly relation with the defendant more than three times, due to the minor reason that the victim D would urge the defendant to repay the amount of KRW 1.5 million that the victim lent to the defendant. There is no reason to take into account the method of the crime is very harsh and the motive of the crime.

The defendant's crime of this case led to serious physical and mental suffering of the victim, and the bereaved family members of the victim wanted to lead the victim to the suppression and suffering of the above victim and his bereaved family members.

In addition, the Defendant, after killing the above victim, stolen the victim's body card, etc., withdrawn 11 million won of money in the victim's deposit account using the body card, and consumed them as entertainment expenses, etc., and the circumstances after the crime cannot be deemed extremely bad.

On the other hand, the instant crime is not a planned crime, but a contingent crime due to a net shooting, and there are circumstances to be considered in light of the circumstances, such as the fact that the Defendant was not subject to criminal punishment prior to each of the instant crimes, and that the Defendant appeared to seriously reflect on his fault.

As above, the defendant.