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(영문) 광주고등법원 2018.12.06 2018노375
살인예비등
Text

Defendant

In addition, all appeals filed by the respondent for the attachment order, the requester for the protective order, and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the requester for the attachment order, and the requester for the protective order (hereinafter “Defendant”) is too unreasonable.

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

2) In light of the fact that the criminal defendant, who was improper to dismiss a request to attach an electronic tracking device and a request to observe an order to attach an electronic tracking device, has repeatedly committed violence against the victim of the preliminary crime of murder, and has a habit to repeat the same type of crime by exercising violence against other victims, etc., it is necessary to issue an order to observe the attachment and protection of an electronic tracking device.

2. Determination as to the unjust assertion of sentencing (the part of the case) by both parties of the crime of this case is that the defendant purchased knife and pesticide to kill the victim D who had been in a past relationship, and found the victim's knife to be charged with his own knife, and committed violent actions against other victims, such as injury, property damage, interference with business, etc., and the crime of this case is bad, and the defendant has already been punished by force against the victim D, and the defendant has already been punished for more than three times by force, etc., and the defendant committed the crime of this case without proper treatment even though he had been faced with the knife for treatment of alcohol dependence.

However, the fact that the defendant confessions all of the crimes of this case and reflects them, the extent of the injury of this case is relatively minor, and the value of the damaged property is relatively small, and the victims are not wanting to be punished under the mutual consent between the victims and the victims.

In full view of the above circumstances and other circumstances, the records of this case, including the defendant's age, sex, environment, method of crime, circumstances after crime, etc., and the sentencing conditions shown in the changed theory.

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