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(영문) 서울고등법원 2019.01.31 2018노2969
강도살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

One kitchen (No. 1) which has been seized, one kitchen (No. 1), one per unit.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

(2) The sentence imposed by the lower court on the Defendant (a prison term of 35 years, confiscation) is too unreasonable, and is thus unreasonable.2) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

B. The lower court’s issuance of an attachment order to an electronic tracking device (hereinafter “order to attach an electronic device”) to the Defendant is unreasonable, inasmuch as there is no evidence to acknowledge that the Defendant had a risk of recommitting the murder crime.

2. Determination

A. As to the part of the defendant's case, the defendant had the mind to take money from the victim who resides in the same Gosiwon who had the kitchen knife, entered the room of the victim with the kitchen knife, and the victim attempted to resist, 10 times the victim's clothes, chests, and knife with the above knife knife knife knife, and 23,00 won in cash of the victim committed the crime of this case, and the method is very harsh.

The victim suffered heavy physical and mental pain, and the life of the victim was finished, and the bereaved family of the victim has also been suffering from the pain that he or she lost his or her family, and has to live a life with the pain that he or she lost his or her family.

The defendant was unable to receive statements from the bereaved family members of the victim.

However, the defendant recognized all of the crimes of this case, and repented his mistake in depth.

Since the Defendant was sentenced to imprisonment for violating the Illegal Check Control Act in around 1997, the Defendant lived in a usual manner with daily labor without any specific criminal power for more than 15 years. around 2015, the mother’s house was disposed of, and the mother’s house was put to funeral service, and the Defendant failed to perform his business and was economically poor. At the time of the instant crime, the Defendant was a wife who was unable to prepare the monthly rent of the Gowon. On the day of the instant case, one food would not remain after having kid around the morning.

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