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(영문) 광주고등법원 2013.09.26 2013노328

강간살인등

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. Considering the circumstances, such as the fact that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) failed to receive normal character education due to an unforeseen family environment, etc., and that the Defendant committed the instant crime contingently due to erroneously formed values, etc., and that all of the criminal facts were led to confessions and reflects the truth, the life imprisonment sentence imposed by the lower court is too unreasonable.

B. Considering the fact that prosecutor rape, murderer, murder, etc. was planned, that the Defendant was sentenced to 12 years of imprisonment due to robbery, etc., and was murdered by two persons at the time when 2 years have not passed since the execution of the sentence was completed, and that the victim’s body was loaded in his house beer and the Defendant’s vehicle is not suitable to the circumstances after the commission of the crime, such as the passage of the victim’s body to the between the bitle and the between the Defendant’s vehicle, etc., the lower court’s punishment is too uneasible and unfair and the Defendant

2. Facts recognized in relation to the sentencing conditions of the accused;

A. The Defendant’s family environment, growth process, and social career (1) was born to the south of 1 South and North Korea on April 20, 1979. The father of the Defendant did not fulfill his most responsibility, such as taking drinking and taking family violence, and the mother of the Defendant was working in the factory and maintaining his livelihood.

(2) Even after the Defendant entered middle school, the domestic violence of his father continues, and the Defendant aggravated his departure.

In around 1994, the defendant was issued a juvenile protective disposition as a special larceny after going to Busan along with his/her friendship, who stolen money and valuables.

(3) The Defendant admitted to a high school on March 1995, but repeated absence due to failure to adapt to school life, and suspended his studies on September 1995.

After all, the defendant will support the vocational training school to develop the automobile maintenance technology.