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(영문) 서울고등법원 2019.05.09 2018노2911
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. The criminal defendant and the person against whom the attachment order was requested (hereinafter referred to as the " criminal defendant") that the court below sentenced the criminal defendant to imprisonment with prison labor and confiscation are too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

The defendant shall be sentenced to death penalty.

2. Determination

A. As to the part of the defendant's case, the death penalty is a very cold punishment that deprives human life of himself/herself of it. Considering the fact that it is extremely exceptional punishment that can be presented by the dualistic judicial system of a life-sustaining country, the sentence of death penalty shall be allowed only where objective circumstances exist to recognize even when it can be justified in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, in sentencing death penalty, the court below shall clearly determine the criminal's age, occupation and career, character and behavior, education, degree of character and behavior, education, family relation, degree of family relation, relationship with the victim, motive for the crime, method of preparation, degree and method of preparation, seriousness of the result, victim's seriousness, victim's attitude and appraisal, the depth and attitude of the crime after the crime, the degree of self-determination of the defendant's family relation, and concerns about recidivism, etc.

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