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(영문) 서울고등법원 2014.01.09 2013노3434

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 imposed by the lower court by the Defendant and the person who requested the attachment order (15 years of imprisonment) is too unreasonable.

B. A prosecutor (1) The sentence imposed by the lower court (15 years of imprisonment) on the Defendant’s part of the Defendant’s case is too unhutiled and unreasonable.

(2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device even if the risk of recidivism is recognized in part of the attachment order case.

2. Determination

A. As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the Defendant’s mistake is divided and reflected, and the Defendant prepared and possessed the tools to commit the crime before the commission of the crime, but it is difficult to readily conclude that the Defendant planned to commit the crime in advance due to the circumstances after the commission of the crime, such as the circumstance of the crime or the circumstance after the commission of the crime, the Defendant is in a psychological unstable state, such as knifeing suicide after the commission of the crime, and the Defendant has no other criminal records other than the fine on one occasion at around 2005.

On the other hand, the crime of this case was committed by the defendant, who belongs to his status and financial power, committed a marriage with the victimized woman, received a considerable amount of money on the pretext of marriage expenses, and used it for the Internet game and living expenses, and refused to hedge with the victim who was found false, and caused the victim's death with the victim at least five times, and the crime is not good, and the result is harsh. The murder is a serious crime that makes it impossible to recover from damage by any way, which is the victim's life, which is a valuable value that cannot be altered in this world. The children of the female, who died of the victim who is merely 30 years old, grow up with her mother, and their parents and siblings suffered serious mental impulse and pain.