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(영문) 대구고등법원 2018.07.11 2018노139
강도살인
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 sentence of the lower court (30 years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, even though the Defendant’s partial request for attachment order had a risk of recommitting the murder crime, and the commission of robbery was highly likely to repeat the robbery.

2. Determination

A. As to the unfair argument of sentencing by the defendant and the prosecutor, it appears that the defendant was responsible for his liability and living conditions, and that the defendant's mistake is against the crime of this case, and that the defendant has no record of criminal punishment exceeding the suspended sentence of imprisonment, is favorable to the defendant.

However, the crime of this case is very poor in the number of crimes and crime quality and very serious in the result of the crime, since the defendant entered the main points of the female victim's mixed operation and murdered the victim with the kitchen knife with the kitchen knife and taken the property by taking the property.

In particular, prior to the above crime, the Defendant committed the crime by preparing the criminal tools, such as kitchen knife and the kitchen knife and the gambling tape, etc.

A victim who has been engaged in the occupation and has been living a day while living there was a serious pain due to the above crime committed by the defendant.

The victim's bereaved family members who were deprived of her mother and her mother could not express her impulse and decentralization by her end, and the pain and pain therefrom seems to be difficult to be cured throughout their lives.

Nevertheless, the victim's bereaved family members did not completely recover from the damage, and the victim's bereaved family members did not receive a death penalty from the defendant or his/her family members, and they were strongly punished against the defendant.

These circumstances are included.

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