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(영문) 대구고등법원 2018.12.13 2018노467
살인등
Text

Defendant

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

Reasons

The summary of the grounds for appeal and the person who requested to attach an attachment order (hereinafter referred to as “defendants”) (Sentencing) (Sentencing) sentenced by the court below (hereinafter referred to as imprisonment with prison labor for 12 years) are too unreasonable.

The above-mentioned sentence sentenced by the court below which is unfair in sentencing of the prosecutor is unfair.

Considering the fact that the defendant's improper dismissal of the request for an attachment order is likely to repeat the crime of murder, the court below's dismissal of the request for an attachment order of an electronic tracking device against the defendant.

Judgment

Examining the various conditions of sentencing in this case regarding the determination of unfair sentencing by both parties, the defendant appears to have an attitude of recognizing and reflecting the depth of the crime of this case, due to the infertility between the spouse and the other male living together with the other male, and the victim was pregnant while living together with the other male. Since the victim was detained as the sexual violence crime of this case, there is room to take into account the defendant's change in the case where the victim was suffering from extreme stress due to economic poverty, childcare, visit to the detention center in South and North living together, and the demand for custody, etc. after the married victim was served as the victim's sexual violence crime, there is a need to take into account the fact that the defendant was caused to commit the crime of this case. The defendant appears to have returned late to the death of the victim who was a child not born for more than 3 to 4 months since her mother as her mother, and that the victim's relative father submitted an application to the effect that the victim's son was melting the defendant at the lower court.

However, each of the crimes of this case committed by the Defendant as her mother is left alone in a state where the Defendant was unable to take any protective measure against the victim several times while moving to Busan for the purpose of drinking another male in spite of her responsibility to absolutely protect and rear the victim, who is a child with approximately three to four months after his birth, as her mother.

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