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(영문) 서울고등법원 2019.03.15 2018노3363
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 punishment of the lower court (15 years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The above sentence imposed by the lower court on the Defendant is too unfasible and unfair. 2) The lower court’s dismissal of the Defendant’s request for attachment order against the Defendant despite the risk of recommitting the murder crime is unlawful.

2. Determination

A. As to the assertion on unfair sentencing by the Defendant and the prosecutor, the Defendant recognized the Defendant’s each criminal act from the investigative agency to the present court, and went back to and reflects the Defendant’s wrongness of the Defendant’s children by taking the life of such children, and without license. It is recognized that the Defendant, around 2007, has no particular criminal history, other than drinking and fines due to driving without license, etc., the Defendant sent friendly evidence, etc., and appears to have actively mistaken the surrounding circumstances at the time of committing the crime. The Defendant’s head of her clothes up to the Defendant’s punishment, etc., and the Defendant’s family members, such as the Defendant’s punishment, have been placed in parallel with the Defendant’s wife’s wife’s treatment. However, it is recognized that B, the victim’s wife, who was the victim, has the right to treat the Defendant, and the Defendant has to live together with the Defendant’s liability of committing a crime that caused the Defendant’s death of her own child.

The life of a person is the highest legal interest and the most dignity value that our society protects, and an act infringing upon it is not justified for any reason since it deducts the valuable value of a lawsuit for which it is impossible to recover damage in any way.

The crime of this case was committed by the defendant who was mentally at issue and tried to kill all of his family and to end his life while he was sleeped on the deceased and a sense, but only the children were killed, and the defendant and the wife were the defendant.

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