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(영문) 서울고등법원 (춘천) 2013.11.20 2013노170

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. The lower court’s imprisonment (13 years of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence against the Defendant in the part of the Defendant case is too unfasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for attachment order of an electronic tracking device against the Defendant even though the risk of recommitting the crime of murder in the part of the attachment order case

2. Determination

A. The instant crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is deemed to have been committed by the Defendant and the public prosecutor. The Defendant committed the instant crime of this case on the assertion of unfair sentencing by seriously saving the victim in a de facto marital relationship and murdered the victim and abandoned the victim’s body in wild mountain. The nature of the relevant crime is very poor and the result of the instant crime is significant, and the victim’s bereaved family members wished to severely punish the Defendant due to considerable mental suffering. However, the Defendant committed the instant crime by contingently: (a) the Defendant was involved in the instant crime; (b) the Defendant was hickly divided into the instant crime; (c) the Defendant’s age, character and behavior, environment, the process and consequence of the instant crime; and (d) taking into account all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and environment, circumstances after the crime, etc., the Defendant’s sentence imposed by the lower

B. As to the prosecutor’s assertion regarding the prosecutor’s attachment order, the lower court: (a) with respect to whether the defendant is likely to recommit the crime of murder, the Defendant committed the instant crime in a somewhat contingent and contingent manner while disputing the victim living together; (b) there was no history of criminal punishment for the last 13 years; and (c) there was no history of criminal punishment for the crime of assault, bodily injury, murder, etc.