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(영문) 대구고등법원 2014.01.09 2013노494
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
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 lower court’s punishment (the imprisonment with prison labor and the attachment order 20 years) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) searched information on murder cases on the Internet prior to the month when the Defendant and the prosecutor committed the instant crime, and put the kitchen and the kitchen and the passage in a separate room. On the day prior to the instant crime, the Defendant and the prosecutor prepared a secret preparation in advance to murder D, who are male and female living together, by purchasing the knife additionally.

Although the Defendant entered the place where the instant crime was committed to kill C and D, the Defendant murdered the victim E for three months after the birth between D and I and D, the mother of D, who was the mother of D and C, did not originally plan to kill, even though C and D had been out of the place, and the Defendant could not find any special motive to kill the victim.

The Defendant’s murder committed each of the instant murder against a female and infant with many ages vulnerable to the crime, and the method of committing the crime is very remaining as it kills the victim I by knife or knife-ro knife, knife and knife E with knife twice over two times.

In the course of escape after the murder of this case, the Defendant stolen a motor vehicle registration number plate and avoided control by attaching it to the motor vehicle that he drives, destroyed the evidence by a secret method, such as removing the clothes he left, and even during the investigation process, the Defendant seems to have an attitude of rationalizing each of the crimes of this case by himself with the network of the former Party C rather than reflect on his mistake.

The target of murder was the first crime.

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