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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 punishment of the lower court (15 years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. Prosecutor 1) The lower court’s judgment that dismissed the Defendant’s request for attachment order even though the Defendant’s request for attachment order had a risk of recommitting the crime, is unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing by the defendant and the prosecutor, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it
Therefore, even though the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court just because it is somewhat different from the opinion of the appellate court to refrain from imposing a sentence that is not different from that of the first instance court.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.
While the defendant was divided with the victim, it is judged that the defendant did not participate in the homicide in a timely manner and reached the crime of murder of this case.
Defendant has no record of committing any other crime, except that he/she has been punished once by a fine for up to 20 years.
On the other hand, murder is a serious crime that infringes upon the irrecoverable value of human life, and is a serious crime of which damage can not be recovered in any way.
It is clear that the Defendant’s murder crime of this case committed the murder of this case caused fear and pain during the process of causing death not only in favor of the victim who satisfing his life.
Until this Court, the defendant is unable to receive a letter from the bereaved family members of the victim.
In addition, the defendant's age, character and conduct, the environment, the motive, means and result of each of the crimes of this case, and all of the sentencing conditions shown in the pleadings, such as the circumstances after the crime.