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(영문) 대전고등법원 2015.07.24 2015노287

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. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

2) The lower court’s sentence (one-five years of imprisonment) is too unreasonable. (2) The lower court’s sentence is too unhued and unreasonable.

B. The period of attachment of an electronic tracking device for the accused in the part of the case of the attachment order is too excessive;

2. Determination

A. Both parties’ assertion on unfair sentencing as to the Defendant case’s assertion on the grounds of unfair sentencing is examined together.

The court below decided the defendant's punishment within the recommended range of sentencing guidelines set by the Supreme Court's sentencing committee, comprehensively taking into account the circumstances favorable to the defendant and unfavorable circumstances as stated in its reasoning.

The Defendant’s crime of this case committed by the Defendant was lost in nature and did not participate in the appraisal, and was planned according to the reasons and circumstances as stated in the judgment of the court below, based on the reasons and circumstances as stated in the judgment of the court below, it is only the existence of the Defendant in itself, but also the victim F who was on the waters of his life, and the Defendant did not take the same from the victim C to the attempted crime. In addition, it seems that the Defendant did not have any strong penalty corresponding thereto.

Nevertheless, it seems that the Defendant was unable to escape from the control of strong damage awareness by the victim C, and there is room to view that the process of the instant crime was well-grounded, and that there was a settlement in the case of the property division trial and the claim of consolation money following the resolution of de facto marriage after the instant crime. There was a history of punishment for larceny and violence in the past several times in the low academic background and difficult living environment, but all of them were punished for the crime of larceny and violence before 200, and the de facto marital relationship with the victim C becomes worse.