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(영문) 대전고등법원 (청주) 2017.11.02 2017노132
강도살인
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of the grounds for appeal - The punishment (a life imprisonment and an electronic device attachment order) sentenced by the lower court to the Defendant and the person who requested the attachment order (hereinafter referred to as the “Defendant”) is too unreasonable.

2. Determination:

A. The part of the case against the defendant - The defendant planned to commit the crime against the victim who was aware of the crime with vocational education at the time of entry in Korea, visited the victim's address by visiting the victim's house, visited the victim's house, and kills the victim's head by taking the victim's head and affixing the victim's head on the ground of the plan in order to prevent the victim from suffering from suffering from the impossibility of drinking off the victim's house as planned.

Although the Defendant asserted that he had killed a victim by contingently, in light of the background leading up to the Defendant’s lawfully adopted and investigated evidence and the process of committing the crime, such as the Defendant’s statement at the investigative agency and the court below’s statement at the court of original instance and the statement of one copy of the seized body, etc., the Defendant planned and executed the commission of robbery against the victim in advance.

It is reasonable to view it.

Even after murdering the victim, the Defendant attempted to destroy evidence and conceal the crime by hiding the body of the victim in the clothes, sending a false text message to the victim's children and the company in which the victim was accompanying, using the victim's mobile phone, and attempted to commit the crime. On April 15, 2017, the Defendant saw the victim to gambling in a casino for about one week until he/she is arrested with the police.

As a result of the robbery of this case, the victim died with extreme mental and physical pain until the last moment of his life, and the victim first discovered his father who was cruel in the clothes of the victim's house.

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