Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court by the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”) (20 years of imprisonment, etc.”) is too unreasonable.

B. Prosecutor 1) The lower judgment dismissing the Defendant’s request for an attachment order on the ground that the Defendant’s dismissal of the attachment order’s request is recognized as the risk of recidivism, etc. is unreasonable.

Judgment

A. The circumstances favorable to the defendant are that the defendant recognized the instant crime and reflected in the determination of unreasonable sentencing by the defendant and the prosecutor, and that the defendant has no record of criminal punishment exceeding the fine prior to the instant crime, etc.

On the other hand, the crime of this case was committed by murdering the victim by taking the victim's head from his hand prepared in advance for the reason that the victim had seized his own vehicle, etc., and the responsibility for such crime was very serious. The victim of the criminal act was killed due to extreme pain, and the bereaved family members of the victim also wanted to punish the defendant.

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, all of the sentencing conditions specified in the instant argument, including the circumstances after the commission of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee, the sentence imposed by the lower court against the Defendant is appropriate, and it is not determined that it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

B. The lower court’s determination as to the prosecutor’s assertion regarding the attachment order case is based on the evidence submitted by the prosecutor, in full view of all the circumstances, including the Defendant’s criminal punishment, the Defendant’s age, and the period of detention.