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(영문) 서울고등법원 2019.09.26 2019노1406
살인등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the defendant: the defendant and the person for whom the attachment order is requested, the person for whom the probation order is requested, and the prosecutor 1); the defendant and the person for whom the attachment order is requested; the defendant and the person for whom the attachment order is requested; the person for whom the probation order is requested; and

In full view of the fact that the Defendant’s imprisonment (18 years of imprisonment and confiscation) declared by the lower court against the Defendant is too unreasonable. 2) Taking account of the following: (a) the Defendant prepared a kitchen knife in advance and planned murder by inducing the victim; and (b) the Defendant stated at an investigative agency that his criminal act is not memory, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.

(b) Part of the case of request for attachment order and probation order: The prosecutor's criminal defendant's recidivism risk is recognized.

Nevertheless, it is unreasonable for the court below to dismiss both the defendant's request for attachment order and probation order.

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

A. The Defendant’s age, family relationship, and growth process of sentencing conditions 1 is a Chinese, and the Defendant, as a Chinese, has been growing up from the Zlime of China to the second half of the second half of the second half in the poor environment.

The mother of the defendant died from cerebrovascular around 1994.

The Defendant had excellent academic achievements at the time of elementary school, but lost academic achievements from the time of middle school, and eventually failed to enter a high school.

Since then, the defendant started to work temporarily in a factory, etc., and continued to work together with a farmer, a farmer, and a family member.

In around 1989, the Defendant got married to the marriage, but, after having divorced in around 2004, the Defendant brought up his wife alone.

The defendant has come to Korea around 2011.

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