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(영문) 대구고등법원 2014.06.12 2014노136
살인등
Text

Defendant

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

Reasons

Summary of Grounds for Appeal

Defendant

In light of the fact that the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) caused the instant crime, etc., the sentence of imprisonment (18 years of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

In light of the fact that there was a history of killing a person under the same method as a prosecutor, and that the crime of this case was committed on a planned basis, such as killing a victim and abandoning the body after killing the victim, etc., the sentence imposed by the court below against the defendant is too uneasible.

Judgment

As to the part of the defendant's case (the defendant and the prosecutor's assertion of unreasonable sentencing), as to the result of the defendant's act of this case which resulted in an important and serious result infringing on the life of a person who is a valuable value, the corresponding punishment is inevitable. In addition, the defendant concealed the body of the victim between a month in order to conceal it after killing the victim and then conceal it, and the defendant committed each of the crimes of this case in a similar way, even though he had the record of punishment as a crime of murder and concealment of the body by abandoning the body by means of homicideing her friendship or homicide in the past, and the defendant committed each of the crimes of this case during the period of repeated crime of the same kind, it is necessary to strictly punish the defendant.

On the other hand, there are circumstances such as the Defendant’s failure to commit each of the crimes of this case, and the Defendant’s refusal to commit a conflict with the victim, which led to the commission of each of the crimes of this case.

Considering such various circumstances and the Defendant’s age, character and conduct, the background and consequence of the instant crime, various sentencing factors as indicated in the instant records, including the circumstances after the instant crime, and the scope of the applicable sentences of the instant crime, the lower court’s punishment is too heavy or uneasible.

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