(영문) 서울고등법원 2019.01.30 2018노3298 | 리걸엔진

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Reasons

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자간(%)

(영문) 서울고등법원 2019.01.30 2018노3298

살인등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. (1) The Prosecutor’s (1) The Defendant’s instant case (e.g., 30 years of imprisonment) sentenced by the lower court is too unhued and unfair.

(2) The lower court’s dismissal of the request for attachment order by the Defendant and the person requesting the attachment order and the person requesting the probation order (hereinafter “Defendant”) are likely to recommit murder crimes.

B. The punishment sentenced by the lower court is too unreasonable.

2. Determination:

A. (1) The lower court determined the Defendant and the prosecutor’s assertion of unfair sentencing by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, background leading to the commission of the crime, means and methods, results, and other conditions of sentencing.

Murder is an act that infringes upon the life of a person with dignity, and it is a serious crime that cannot be absolutely accepted for any defense.

Nevertheless, the defendant murdered the victim for the reason that he could not obtain it, followed, destroyed the victim's body cruelly, and buried the victim.

Furthermore, the Defendant, at the wall of the dead victim, withdrawn the deposit from the cash automatic withdrawal machine by taking out the card in the form of the card, and the Defendant was also seen as being in difficult behavior such as receiving cash services, after inquiring about the lending limit possible in the name of the victim.

In full view of this, each of the crimes of this case committed by the Defendant is extremely poor in view of the motive, circumstance, method and consequence, etc., and the Defendant seems to have failed to fully recognize the seriousness of the crime committed by himself.

The bereaved family members of the victim have complained of serious mental suffering due to the shocking death of the victim, and have tried to punish the defendant with severe punishment.

In full view of all these, the health unit and the defendant lose their valuable lives.

유사 판례

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-대구고등법원 2016.07.28 2016노39

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-서울고등법원 (춘천) 2017.10.18 2017노78

-대전고등법원 2018.04.27 2018노78