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(영문) 대구고등법원 2015.04.30 2014노657

살인미수등

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 punishment of the lower court (one hundred years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant tried to kill the part of the Defendant, such as leaving N her returning home on the ground that the Defendant did not go to her from the victim N and her death, and deep her far, and attempted to kill far.

After that, the victim C was forced to receive a designated number of times by refusing to conduct an investigation after that investigation, and the victim C who was newly dead during that process changed, he induced C to her to her with string the trees of C by a string off with string, and tried to kill C on the face of the side to confirm whether or not death, but attempted to do so.

After committing murder with respect to C, the Defendant, while escaping from the telecom, stolen C’s mobile phone and wallets.

In addition, with the knowledge that C was not dead, the Defendant prepared for murder, such as murdering with the mind of murdering C, mixing them with re-homicides, and waiting for the knife with the knife, and waiting in the vicinity of C's house.

The above crime by the defendant is extremely dangerous in terms of the method of the crime, and thus, it is extremely poor in terms of the fact that the defendant could keep the valuable life or lose it.

Furthermore, the defendant has prepared the criminal implements in advance, and planned to commit the crime closely and thoroughly by inducing or waiting the victims.

Due to the instant crime, the victims suffered physical and mental pain difficult to recover throughout their lives, and in particular, shock and fear cannot be expressed verbally at the time of committing the crime.

Nevertheless, the victims did not completely recover from the damage, and the victims want to punish the defendant.