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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 lower court’s sentencing is too unreasonable for Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. Prosecutor 1) The lower court’s sentencing is unreasonable on the ground that the sentencing of the lower court is too unjustifiable. 2) Even though the Defendant was found to have the risk of repeating the attachment order, the lower court dismissed the request
2. Determination
A. The judgment of the Defendant against the instant case is a serious crime that infringes on the irrecoverable value of human life, and thus is unable to recover the damage in any way. The Defendant’s crime of this case led to the death of the victim with extreme fear and pain, and the quality of the crime was extremely bad in light of the applicable law, content, relationship with the victim, etc. In addition, the bereaved family has undergone a large amount of irrecoverable pain, and the bereaved family has not received a written application from the bereaved family members up to this court. 2) The Defendant’s mistake is against his own mistake while recognizing the Defendant committed a crime, and as a assault was committed during the dispute with the victim, it seems that the Defendant did not participate in the instant crime and did not reach the conclusion of the crime.
3) In the event that there is no change in the sentencing conditions compared to the original judgment and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances asserted by the Defendant and the prosecutor as the sentencing factors in this court were mostly revealed during the pleadings of the lower court, and there is no particular change in the sentencing guidelines and the matters that constitute the conditions for sentencing after the sentence of the lower judgment was rendered. No particular change in the sentencing guidelines is found. 4) Other factors of the lower court, including each of the above circumstances, including the Defendant’s age, health status, character and nature, environment, motive of the crime, and the circumstances after the crime, etc., are considered comprehensively taking account of