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(영문) 서울고등법원 2016.01.07 2015노2676
살인등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The first trial sentence (18 years of imprisonment) on the defendant and the person who requested the attachment order (1) on the part of the case of the defendant and the person who requested the attachment order (hereinafter “the defendant”) (hereinafter “the defendant”), is too unreasonable.

(2) It is unreasonable for the first instance court to order the Defendant to attach an electronic tracking device, even though the Defendant did not pose a risk of recommitting murdering the murder.

B. (1) The sentence sentenced by the first instance court on the part of the Defendant case (unfair sentencing) is too uneasible and unfair.

(2) In light of the Defendant’s risk of recidivism, the first instance court ordering the Defendant to attach an electronic tracking device with a location tracking device for ten years only in light of the Defendant’s risk of recidivism in the part of the case where the attachment order is applied is deemed unreasonable.

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

A. The Defendant, including (a) the result of the investigation prior to the claim, was born independently between the father and the mother engaged in the S Building Business and the main father.

The Defendant, upon the death of 3 years of age, was left to the her mother and her mother at the time of elementary school, was unable to attend due to frequent changes in the rearing subject, such as leaving her mother and her relative to her mother at the time of elementary school. After the fourth year of elementary school, the Defendant lived with her mother and her mother again after the birth of her mother and her mother, and was able to be able to be able to be able to sleep a day by day.

The stable income of the Ministry of Foreign Affairs, which was a member of the company, was good in terms of economic conditions, and the studies did not feel any interest, and they started drinking from middle school, and dysnizing 1-2 in 1-2.

After entering a high school, fighting is carried out as a school organization with other people after entering a dormitory, and they frequently drink alcoholic beverages.

After entering a university, a new mother's family, which was re-born after entering the university, but the Ministry of Education has a complaint in the form of being dependent on alcohol, and it is mainly in the university dormitory.

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