(영문) 수원고등법원 2019.06.27 2019노61 | 리걸엔진

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(영문) 수원고등법원 2019.06.27 2019노61

살인등

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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 sentence of imprisonment (eight years of imprisonment and confiscation) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendants”), is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (e.g., both types of punishment) is too unfilled and unfair. 2) Even though the Defendant’s request for attachment order is likely to recommit a murder crime, it is unlawful for the lower court to dismiss the Defendant’s request

2. As to the assertion of unfair sentencing as to the part of the defendant's case, the Defendant: (a) murdered 17 months after the Defendant’s birth, which he/she should protect and rear, on several occasions; and (b) abandoned the body on the side of a vinyl; and (c) in light of the content and method of the instant crime, etc., the issue is serious and the nature of the crime is not good; (d) human life is the highest legal interest and the most dignity value that the State and society should protect; and (e) the act of infringing on the body’s life is a serious criminal act that cannot be justified; and (e) the victim died of extreme pain due to the instant crime, which is disadvantageous to the Defendant.

Meanwhile, there are circumstances favorable to the defendant, such as the following: (a) the fact that the defendant is divided by mistake; (b) the defendant committed the crime in this case in a state of mental disorder whose normal judgment ability has been considerably deteriorated due to the summons due to the death and injury of the defendant; (c) the defendant had shown abnormal behavior before the crime in this case; and (d) the person living together with the defendant who supported the victim was detained in November 2017 and was faced with difficulties in living, etc., but he was unable to receive proper treatment or protection due to the division between the parent and his family members, the lack of surrounding interest, etc.; and (d) the fact that the defendant has no record of criminal punishment.

The above circumstances and the trial process of this case are revealed.

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