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(영문) 부산고등법원 (창원) 2019.06.05 2019노121

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. Part 1 of the Defendant’s case is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

2) The sentence imposed by the lower court on the Defendant (one-twelve years of imprisonment) is too unreasonable. 2) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

B. In the case of a request for attachment order: It is unreasonable for the court below to dismiss the Defendant’s request for attachment order of this case on the ground that the Defendant does not pose a risk of recidivism despite the high possibility of recidivism due to mental problems and lack of control over behavior.

2. Determination

A. As to the part of the Defendant case, the following circumstances are favorable to the Defendant: (a) the Defendant voluntarily surrendered to an investigative agency immediately after the instant crime was committed; (b) the recognition of and reflects the instant crime; and (c) the fact that there is no criminal record except for the issuance of a summary order of KRW 1 million by an act of violence in 2018

On the other hand, murder is an act of cutting the life of a human being with dignity, which cannot be altered, and for any reason is not acceptable, and there is no way to recover the damage, and the fact that the defendant was not used from the bereaved family members and the bereaved family members of the victim want to punish the defendant's severe punishment is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, and environment, relationship with the victim, motive, means and consequence of the instant crime, all of the sentencing conditions shown in the pleadings of the instant case, including the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (two years and six months or more), etc., the sentence imposed by the lower court is appropriate, and it is not determined that it is too heavy or too unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

B. As to the claim for attachment order, the lower court did not err by misapprehending the legal doctrine.