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(영문) 대전고등법원 2012.10.17 2012노275
강도살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for twenty years.

. Information on the Defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”), is too unreasonable.

2. Judgment on the Defendant’s assertion of unreasonable sentencing

A. The circumstances leading up to and following the crime of robbery 1) The crime of robbery was committed by the Defendant following the robbery, and the Defendant committed the robbery, following up to 2 weeks prior to the residence of the victim, and murdered with knife, knife, with the victim’s knife, who tried not to take cash by force by threatening the victim. The crime of attempted robbery in this case was committed against the victim J, who was flifeing the victim’s knife prior to the crime immediately following the crime, and tried to rape the victim by threateninging the victim’s knife using the knife used for the robbery in order to conceal the crime. 2 weeks after the crime of robbery, the Defendant was sentenced to further imprisonment with prison labor for the first six years, with prison labor for the obligee Q knife who was using the knife for the crime of robbery.

(b)the necessity of life style 1 This robbery is an anti-social act that could not be rationalizing for any reason, because it is highly likely to criticize the motive for the commission of the crime, and there is also a cruel method of the commission of the crime, and in particular, the victim's fluor who is a usual family owner as a result of the commission of the crime.

In the criminal punishment for the robbery of the defendant, only the death penalty or imprisonment for life is stipulated in the criminal law. The victim's bereaved family members lose their wife and mother, and suffered severe mental pain for the longer period of eight years without knowing who is the offender.

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