(영문) 서울고등법원 2017.06.02 2017노1070 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.06.02 2017노1070

강도살인등

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 Defendant and the respondent for the attachment order (the murder of each robbery) committed by the Defendant and the respondent for the attachment order (hereinafter “Defendant”) into the victim Q Q and R’s residence, thereby murdering the victim. However, at the time, the Defendant did not have any motive for taking the victim’s property forcibly, and thus, there was no intent to commit robbery and illegal acquisition.

It is difficult to see it.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (a life imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) In light of the nature of each of the instant crimes and the gravity of the result of the instant crimes, etc., the sentence of death should be imposed on the Defendant.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device, despite the risk of recommitting robbery and murdering.

2. Determination

A. The lower court found the Defendant guilty of all the charges of this part of the charges on the ground that comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court found the Defendant guilty on the ground that the Defendant’s intentional act and intent of unlawful acquisition can be sufficiently recognized.

(1) The Defendant, at an investigative agency, sustained test fluor and locked to commit robbery, used her cap and mers additionally in order to cover his face, and her fingerprinted without having his/her fingerprints left.

This is because, in order to threaten the victims or not to catch them, the victims prepared their knife and knife in advance, they came for the purpose of money and valuables.

In addition to the reasons for robbery, there is no reason to enter the house.

유사 판례

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