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(영문) 서울고등법원 2016.04.28 2015노3144

살인등

Text

The judgment below

The part of the attachment order case shall be reversed.

The request for the attachment order of this case is dismissed.

Defendant

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence imposed by the lower court on the Defendant and the person who requested attachment order (hereinafter “Defendant”) and the person who requested attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable.

2) The sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

B. (1) The Defendant’s treatment, custody or completion of punishment is 69 to 70 years of age, and the lower court’s order to attach an electronic tracking device for a period of 20 years thereafter should reduce the period appropriately.

2) Since the risk of recidivism is high, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 30 years, but to issue an attachment order for 20 years.

2. Determination

A. The Defendant: (a) prepared a food blade on the network that the victim D residing on the lower floor continuously blicked himself; (b) prepared a knife in plastic bags; (c) knife the said victim was flifeed by a knife, chest and flife, etc. prepared by waiting for the said victim outside the house during night; and (d) the victim E, who was the son of the said victim, flife from the home, flife and flife, murdered the Defendant at a flife and flife, etc. of E in a knife and flife.

The nature of the crime is extremely poor, such as the defendant's motive, planned preparation for the crime, the method and method of the crime, and the death of one person due to the death of one person and the personal injury.

The murder crime is a serious crime that deprives human life, which is the most valuable value in which damage cannot be recovered in any way.

The crime of this case led to the loss of the victim D, and the life-sustaining pains that cannot be caused by life-long cleaning, and it was difficult for the victim D to lead a strong punishment against the defendant at the investigation agency.

However, the defendant is a man on the port.