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(영문) 대구고등법원 2018.06.27 2018노112

살인등

Text

Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (10 years of imprisonment) is too unreasonable for the Defendant and the claimant for the order to observe the protective police officers (hereinafter “Defendant”).

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an observation order against the Defendant, despite the risk of recommitting the murdering crime, is unlawful.

2. Determination

A. As to the argument that the sentencing of the defendant and the prosecutor is unfair, the crime of this case is extremely serious in that the defendant kills the victim's clothes with the kitchen knife in which the defendant living together, and the method of the crime and the nature of the crime are very poor, and thereby, he gets the life of a person with dignity and dignity.

In the state of the victim's influence, the victim did not keep knife the knife on the knife of the defendant, and knife the victim's bereaved family members were killed at the knife's age.

On the other hand, the defendant has no record of criminal punishment, and is closely against his or her mistake.

The Defendant appears to have committed the instant crime in a state of drinking, and he was able to take his own responsibility immediately after the commission of the instant crime, and attempted suicide with kitchen knife at the scene.

The defendant paid to the bereaved family members of the victim a mutual agreement in the court below, and received a letter, and the above bereaved family members want to take the action against the next defendant in the court of the trial.

In addition to these circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the crime, all of the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines (7 years to 12 years) shall be comprehensively considered.