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(영문) 대구고등법원 2014.10.16 2014노439
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal in light of the motive, method and consequence of each of the instant crimes, and criminal records of the Defendant, etc., the life imprisonment sentence imposed by the lower court is too uneasible and unreasonable.

2. The instant crime against the victim C is committed on the grounds that the said victim, the owner of the main place to which the Defendant had access to her son, did not talk with the Defendant even though she did not talk with her for these reasons, and prepared excessive and armores to prevent the Defendant from committing the crime, such as robbery, rape, etc., against the said victim, and prepared to commit the crime in advance, and planned to commit the crime as planned, and the above victim’s knife, etc. to inflict damage on the Defendant during that process, was murdered by knife and did not completely take into account the motive for the crime, and the method of committing the crime is very cruel, and the result is also involved in the result.

The murder crime is a serious crime that takes the life of a human being, the most valuable value of which cannot be recovered in any way, and in particular, murder combined with sexual crimes such as similar rape, is the case of ordinary murder, and its responsibility is heavier than that of ordinary murder.

In addition, crimes against victims F and I are very serious and their contents, and the method of such crimes is also very virtual and variable.

The Defendant attempted to destroy evidence, such as detecting his fingerprints remaining at the scene of the crime to conceal the crime immediately after the death of the victim C, and attempted to destroy evidence, and the following day after committing each of the instant crimes against the victim C and F, attempted to commit the instant crime against the victim C and F, shall not be deemed extremely bad, such as the circumstances after committing the instant crime against the victim I.

A victim C, who operated a main point and lived in good faith due to each of the crimes of this case, has been born in extreme physical and mental pain and desire, and the bereaved family members of the above victim.

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