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(영문) 대구고등법원 2016.12.08 2016노549

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. Defendant and the respondent for an attachment order (hereinafter “Defendant”).

Imprisonment with prison labor declared by the court below is too unreasonable.

B. Prosecutor 1) In the event that an unreasonable sentencing defendant murders victims on several occasions in their knife and committed planned crimes, the lower court’s punishment is unreasonable and unfair, and the Defendant is sentenced to death penalty. The Defendant reported that he was dead by 112 telephone after committing the crime. However, it is for the Defendant to deliver the victim E’s children to the police. Thus, it is unreasonable that the lower court recognized the Defendant as having been a special mitigation factor in determining the Defendant’s sentencing. 2) In light of the motive, cruelness, etc. of the instant crime, the Defendant was highly likely to block the same murder, and thus, the lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant is unlawful.

2. Determination

A. As the victim D, who had a relationship with the victim, wanted to take the Hague, the Defendant murdered the victim E with a knife two times in depth, and murdered the victim E with a knife in front of the female’s knife, after hearing the knife’s knife.

The Defendant kills victims who did not have any misunderstanding, and the mother of the victim E was sworn with her mother in a state where she was broken out in a locked manner.

Due to the criminal act of the defendant, the victims were born in the extreme fear and pain, and the family members of the victims suffered from love children and siblings, and in particular, victims E's children were born in one order, and it seems difficult to escape from the shock of this case throughout their life.

The murder crime shall be whatever.