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(영문) 수원고등법원 2020.06.11 2020노173

살인

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 of imprisonment (eight years of imprisonment and confiscation) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendants”), is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (e.g., both types of punishment) is too unfilled and unfair. 2) Even though the Defendant’s request for attachment order is likely to recommit a murder crime, it is unlawful for the lower court to dismiss the Defendant’s request

2. In the appellate court’s determination on the assertion of unfair sentencing by both parties on the part of the defendant’s case, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In this case, there is no significant change in the sentencing conditions in the appellate court compared to the lower court.

On the day of the crime of this case, when the defendant listens to the desire of the victim who was friendly in the place where he was friendly from the victim, who was friendly at a funeral hall outside the new wall on the day of the crime of this case, at around 21:00 on the same day, he was put in a knife at the D apartment Gdong house, and met the victim who was living in the same apartment Fdong on the first floor of Fdong with the victim, and was moving from the victim to Gdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-only-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child.