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(영문) 대구고등법원 2015.05.28 2014노727

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. In light of the fact that the Defendant and the person subject to a request to attach an attachment order and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) committed each of the crimes of this case by contingency, and the Defendant seriously reflects the mistake, the sentence of the lower court is too unreasonable.

B. In light of the fact that the crime of murder in this case committed by a prosecutor was murdered with two persons for a minor reason, and the result of the crime was very serious and cruel as to the method of committing the crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the Defendant should be punished by death penalty.

2. Determination

가. 피고인과 검사의 양형부당 주장에 대하여 피고인은 자신이 동거녀와 함께 세 들어 사는 집의 주인인 피해자 M에게 세탁기 수리를 요청하였다가 위 피해자가 밀린 월세 이야기를 꺼내어 다투게 되었다는 사소한 이유로 위 피해자의 목을 졸라 살해하고 이어서 그 범행 사실을 위 피해자의 남편인 피해자 N이 알아챌 것이 염려된다는 이유로 피해자 N의 집에 들어가 미리 준비하여 소지하고 있던 회칼로 피해자 N의 복부와 목 등을 20여 회 찔러 살해하였다.

The murder crime is a serious crime that results in the deprivation of human life, which is the most valuable value for which damage cannot be recovered by any method. In particular, in this case, the responsibility is more important in that the murder of two persons on the grounds of extreme minor death.

The victims are suffering from severe mental and physical pain, and the victims' bereaved family members should suffer from the pain and pain cannot be said to result in the pain and pain.

Although the defendant shows an attitude against his mistake, such attitude alone lacks the pain of the bereaved family, and the bereaved family members are the victims and their bereaved family members.