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(영문) 서울고등법원 2019.06.13 2018노3232
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 part of the case of the defendant: the defendant and the person to whom the attachment order was requested, and the prosecutor 1); the defendant and the person to whom the attachment order was requested; and the person to whom the attachment order was requested (hereinafter

In light of the above, not to murder the victim on the day of the instant case, but to defend himself, the victim was knife with a knife and met with a knife to defend himself. First of all, the Defendant committed the instant crime as an attack from the victim with a camping net. According to the sentencing guidelines, the instant crime constitutes Type 2 of murder (ordinary motive homicide) and the victim inducing a mitigation factor among special sentencing factors is applied, and the scope of the recommended sentence is not less than 7 years of imprisonment with prison labor for not less than 12 years, and not more than 16 years of imprisonment with prison labor, the scope of the recommended sentence is not more than 10 years of imprisonment with prison labor, but not more than 16 years of imprisonment with prison labor, the scope of the recommended sentence is too unreasonable. According to the sentencing guidelines of prosecutor, the Defendant’s sentence of the instant crime constitutes imprisonment with prison labor for not less than 3 (non-feuling homicide), and the prosecutor of the lower court, which is the special sentencing factor, is more than 15 years of imprisonment with prison punishment.

B. Part of the claim for attachment order: Defendant and Prosecutor 1) The order of the lower court to attach an electronic tracking device for 15 years to Defendant is too unreasonable, and it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 15 years. 2) The order of the lower court to attach an electronic tracking device is too unfluent and unfair.

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

A. The Defendant’s age is one of the sentencing conditions;

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