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(영문) 서울고등법원 2014.02.07 2013노3702
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty seven years.

The District Prosecutors' Office, Daegu District Prosecutors' Office, which has been seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) part 1 of the Defendant case A) The Defendant was in a state of mental disability due to rape, bodily injury, murder, and robbery at the time of the crime of rape, murder, and injury by robbery.

B) The lower court’s sentence of unreasonable sentencing is too unreasonable and unfair. 2) The lower court’s attachment order on the part of the case where the attachment order is applied is too excessive and unfair.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) Determination on the part of the Defendant’s case is based on ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor. The judgment on the grounds for appeal by the Defendant and the prosecutor is based on the authority of the competent authority.

Article 3) Article 3 provides that "where a person has been sentenced to punishment for a specific violent crime and has again committed a specific violent crime within three years after the completion or exemption of the execution thereof, punishment shall be aggravated by up to twice the maximum or minimum term of the punishment determined for the relevant crime." Article 2(1) provides that "The crimes of violent crimes subject to the Act on the Special Cases concerning the Punishment, etc. of Sexual Crimes" and Article 2(1)1 provides that "the crimes of Article 250 (Murder of Murder) from among the crimes of homicide in Part 24 of the Criminal Act" and Article 8 (Special Robbery, etc. of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 37 (Bodily Injury by Rape, etc.) from among the crimes of larceny and robbery in Part 38 of the Criminal Act shall be punished by Article 35 of the Criminal Act and Article 35 of the former Criminal Act shall not apply to the defendant who again committed a specific violent crime within three years after the completion or exemption thereof."

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