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(영문) 서울고등법원 2017.09.15 2017노1779

강도살인등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of 30 years) is so unfased that it is unfair or unreasonable (public prosecutor) as it is too unreasonable, and the Defendant, on July 14, 2017, argued that the Defendant mismisunderstanding of facts and misapprehension of the legal doctrine on the grounds for appeal filed by the Defendant on July 14, 2017. However, the lower court explicitly withdrawn misunderstanding of facts and misapprehension of legal doctrine on the second trial date ( August 23, 2017).

2. The instant crime was committed while staying in the Philippines.

E It is a case in which, for the purpose of not returning the casino deposit money to the victims, the Defendant proposed to kill them, and the Defendant, upon which he accepted it, conspired to depart from the Republic of Korea to the Philippines and to plan in advance a detailed way to commit the crime with E, etc., to kill three victims with firearms and abandons the dead body.

Human life is the most valuable value that the nation or society should protect, and no act of infringing upon it may be used for any reason.

The crime of this case is more likely to be criticized than ordinary murder committed by murdering a person due to the original relationship, frightness, and contingent dust in that it was committed for the purpose of taking measures without returning the money of the victims in custody, and thus, it was committed with murdering a person for pecuniary interest.

The Defendant specifically planned the crime of this case, such as the purchase of the criminal tools, such as rocketing reported tapes, etc., in response to the request for murder by the victims of E.

In the course of the commission of the crime, the Defendant: (a) sealed the victims’ telegraphs into packaging tapes; (b) attempted to kill the victims I and G stroke by strokeing them according to E’s instructions; (c) eventually, E murdered the victims by strokeing one gun on the head part of the victims’ head; and (d) murdered them.