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(영문) 서울고등법원 2015.08.27 2015노1294
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 Defendant and the person subject to a request to attach an electronic tracking device (hereinafter “Defendant”) part of the Defendant’s case (i) the lower court’s imprisonment is too unreasonable and unfair. ii) In the part of the case of the Defendant’s case, the lower court ordering the Defendant to attach an electronic tracking device even though the Defendant does not pose a risk of recidivism, is unreasonable, and the period is too too long.

B. The lower court’s sentence of the prosecutor (e.g., e., e., e., g., e., e., e., g., the

2. Determination on the part of the defendant's case

A. It is reasonable to take account of the following: (a) the Defendant was a Grade 3 disability and was unable to adapt to society beyond such a hearing function; (b) the parent was born in an influence environment after the parent’s divorce; (c) the Defendant appears to have committed the instant crime in a dynamic manner by failing to satisfy the awareness of his/her students; and (d) the Defendant voluntarily led to the Defendant’s confession during the trial process.

B. However, the crime of this case was committed by the Defendant for a long time due to murder in the past, and even if there had been 6 times of punishment due to the crime related to violence, the crime of this case was committed by murdering by a cruel method, such as the price of a female satise in his possession, etc., which was the satise with him, and thus, the nature of the crime was very poor in light of the background of the crime and the number of criminal acts. Nevertheless, the Defendant did not appear to have an attitude against the truth. Rather, the Defendant attempted to escape during the trial of the lower court, and attempted to commit the crime of this case, and tried to assault a prison officer and a court. The victim was deprived of the victim's life who could not change his life, and the victim's bereaved family members suffered a deep injury that could not be recovered through his life. Nevertheless, the victim suffered.

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