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(영문) 대구고등법원 2017.04.27 2016노640

살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (25 years of imprisonment) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the part of the Defendant case is too unhued and unreasonable.

2) Although the Defendant’s request for an attachment order was in danger of recidivism, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device.

2. Determination

A. Examining the various sentencing conditions in the part of the case against the Defendant, the following circumstances are favorable to the Defendant: (a) the Defendant appears to reflect in depth the mistake while committing a crime; (b) the Defendant has no particular criminal history except for traffic crimes such as drinking driving, etc. which have been sentenced three times to a fine; (c) the Defendant is supporting the wife and three children; and (d) his family and branch have appeals against the wife.

On the other hand, the murder crime is a serious crime that infringes upon the life of a person who is a dignity value and is not absolutely acceptable regardless of its reason, and the crime of this case has contributed to the growth of the company operated by the victim, but has not received compensation corresponding thereto.

In light of the details and method of the crime, the relationship with the victim and the degree of damage, etc., the crime and the degree of the injury, the victim's clothes was discharged, and the victim was laid off at the body of the investigative agency and his/her bereaved family members on the day of the case, and the victim was laid off to the body of the victim, and the victim was laid off to the body of the victim, and the victim was laid off to the body of the victim on the day of the case.

A false statement has been made, and a smell is likely to spread, and the site has been found again at the site, and the situation after this crime has been spreaded.