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(영문) 서울고등법원 2020.01.10 2019노1895

강도살인등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal and the person subject to an application for an attachment order (hereinafter referred to as the “defendants”) recognize and reflects his/her mistake, and the process of bad growth and health conditions, etc. affected the instant crime. In light of the various circumstances, the sentence imposed by the lower court against the Defendant is too unreasonable.

2. Where there is no change in the sentencing conditions compared to the original judgment in the appellate court regarding the part of the defendant's case, and the sentencing of the lower court does not deviate from the scope of reasonable discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In the instant case, any significant change in the sentencing conditions is not discovered when compared to the original judgment.

During a short period of time that is only three hours, the Defendant: (a) committed an injury by cutting and pusheding the main strawer’s neck that requires the credit rating; (b) committed an act in the house of the 80th female female head, which lacks the ability to resist, by suppressing the victim’s resistance; (c) strokeed the victim’s resistance; and (d) took the cash by strokeing the victim for the purpose of concealing the crime; and (b) purchased the 2 female head in the inn with the money in order of the purchase of the stroke.

The possibility of criticism is also high in that the victims of the above crimes are elderly women who have significantly fall in their ability to defend themselves.

On the other hand, human life is the origin of human dignity that cannot be altered, and if it has been violated once, the damage can not be restored.

The crime of murder by a defendant is an anti-human crime which takes a human life with dignity for the extreme purpose of economic benefits and sexual satisfaction, and cannot be used for any reason.

The Defendant is an extremely malicious crime.