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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 lower court’s sentence (15 years of imprisonment) against the Defendant and the person who requested the attachment order to be issued by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence against the Defendant in the part of the case of the Defendant (unfair sentencing) is too uncomfortable.
2) The lower court’s dismissal of the Defendant’s request for attachment order of an electronic tracking device is unlawful even if the Defendant’s request for attachment order of an electronic tracking device is recognized as a risk of recidivism
2. Determination:
A. The Defendant’s crime of murder in the part of the instant case was committed by murdering the victim with knife several times, and the Defendant’s act resulted in a serious consequence that the victim lost her life.
The defendant has been punished several times for violent crimes, and committed the crime of this case during the period of repeated crime due to obstruction of business, and the victim's bereaved family members have not recovered from damage caused by the crime of this case, and are punished by the defendant.
On the other hand, the defendant made confession of the crime of this case in the appellate trial and recognized his mistake.
In full view of these circumstances, the lower court’s punishment is too heavy or is unreasonable on the ground that the Defendant’s age, sex, environment, family relationship, motive and background of the instant crime, circumstances after the instant crime, and the scope of sentencing guidelines recommended to be sentencing guidelines.
Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.
B. Part 1 of the claim for attachment order: ① The result of the Defendant’s evaluation on the risk of recidivism at the level of “high” (KSAS-G) is not to evaluate only the risk of recidivism of the murder crime, but also to cover the risk of recidivism; ② the result of the Defendant’s evaluation on the criteria for determining the risk of recidivism at the level of “high” (PCL-R).