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(영문) 대구고등법원 2017.11.16 2017노278
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 is limited to the defendant and the person who requested an attachment order (hereinafter referred to as "defendant").

The punishment sentenced by the court below (17 years of imprisonment, confiscation) is too unreasonable.

The sentence imposed by the court below in the part of the case against the defendant by the prosecutor is too uneasible and unfair.

Despite the risk of repeating a crime, it is improper for the court below to dismiss the defendant's request for an attachment order of an electronic tracking device.

Judgment

Examining the various sentencing conditions in the instant case regarding the Defendant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant appears to reflect the mistake while committing a crime; (b) the Defendant appears to have reached a somewhat contingent crime; and (c) the Defendant’s family and branch members appeal against the Defendant.

Meanwhile, the crime of this case is a serious crime that is extremely poor and serious in light of the circumstance and method of the crime, relationship with the victim, etc., the crime of this case is a serious crime that is not absolutely acceptable regardless of its reason. The victim's life was lost between the defendant and the married couple for more than 10 years. The victim's family members and his/her bereaved family members appeal against the defendant, the victim's severe punishment against the defendant, the victim's superior, the crime of injury, the crime of rape, the crime of forgery of securities, the crime of violation of the Road Traffic Act, etc., and the punishment of a fine, suspension of execution, etc. are disadvantageous to the defendant.

As above, the defendant's age, sex, environment, family relationship, health status, is different from the sentencing factors favorable or unfavorable to the defendant.

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