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(영문) 대구고등법원 2018.07.12 2018노160

살인등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the defendant (unfair sentencing) sentenced by the court below to the defendant and the person who requested the attachment order (hereinafter "the defendant") and the person who requested the attachment order (hereinafter "the defendant") is deemed to be too uneasible and unfair.

B. The part of the case of the request for attachment order (unfair rejection of the request for attachment order) is likely to recommit a murder crime committed by the Defendant in the future due to violence inherent in the Defendant. Therefore, it is necessary to attach an electronic tracking device to the Defendant along with the medical care and custody. However, the lower court’s medical care and custody alone has considerable effect to prevent recidivism.

It is unfair to dismiss the defendant's request for attachment order of an electronic tracking device.

2. Determination

A. Examining the various sentencing conditions in this case regarding the part of the Defendant case, the crime of this case was committed by the victim who confirmed the text message to the effect that: (a) the Defendant went to the house to assault her mother by being solicited by her mother to provide the mental and medical treatment of decentralization disorder; and (b) took the cellular phone of the victim who was friendly and became fluent in the beescing room; and (c) “at no place to fluent” among the text message exchanged between the victim and the mother; and (d) the victim was disregarded and neglected her with her mother as well as her mother.

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