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(영문) 대전고등법원 2020.12.23 2020노351
살인등
Text

The judgment below

The part of the request for attachment order shall be reversed.

The person against whom the attachment order is requested shall track the location for ten years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (18 years of imprisonment) in the part of the Defendant’s case is deemed unreasonable.

B. The lower court’s dismissal of the request for attachment order on the part of the claim for attachment order is unreasonable.

2. The judgment of unfair sentencing on the part of the defendant's case refers to the case where the sentence of the court below is too heavy or too minor in light of the specific contents of the case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court: (a) under favorable circumstances in favor of the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), the Defendant was unable to deny the fact that the instant crime was planned, but it is difficult to deny the fact that the Defendant voluntarily surrendered to 112 telephone during the commission of the crime; (b) the Defendant was unable to adapt to school life from the time of the crime and was unable to adapt to high school life; and (c) the Defendant was able to receive hospital treatment or hospitalized treatment due to mental illness, such as depression that the victim was suffering from a long distance between the Defendant and the victim; and (c) it was difficult to deny the fact that the instant crime was committed.

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