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(영문) 대구고등법원 2015.11.26 2015노524

강도살인등

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. Defendant and the respondent for an attachment order (1) The lower court and the respondent for an attachment order (hereinafter “Defendant”) are the Defendant and the respondent for an attachment order.

(ii) The lower court ordering the Defendant to attach an electronic tracking device for 20 years to the part of the attachment order, which was sentenced to imprisonment (30 years of imprisonment) is too harsh and unreasonable.

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

The prosecutor's argument that the attachment period of the attachment order of an electronic tracking device ordered by the court below is too short and unfair was withdrawn on the first trial date of the trial.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant committed a fraud since three months have not passed since the execution of punishment due to robbery, injury, or injury, and committed multiple victims, including fraud, theft, etc.

It has also been committed by robbery.

The crime of robbery in this case led to a cruel consequence that the victim cannot lose his life, which is the most valuable value that cannot be altered, due to the robbery in this case. The victim's bereaved family was deprived of his valuable family and was suffering from an irrecoverable mental suffering that could not be recovered throughout his life.

Moreover, the Defendant returned to the sales store of bail after committing robbery, and purchased precious metals with a credit card of the victim, etc. are not good in the circumstances after committing the crime.

In addition to the bereaved family members of the victim of the robbery, the Defendant failed to receive a letter of suspicion from the victims of the robbery, such as fraud and theft, and did not take any measures to recover from damage.

On the other hand, the defendant is showing the attitude of recognizing all of his criminal acts and misunderstanding.

In addition to these various circumstances, sentencing such as the defendant's age, character, character and environment, and motive, means and consequence of each of the crimes in this case, etc.