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(영문) 대구고등법원 2019.01.30 2018노469
살인등
Text

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 punishment of the lower court (20 years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court’s punishment on the part of the Defendant case is too unfasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for attachment order against the Defendant despite the risk of recommitting the murder offense.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the life of a person is the highest legal interest protected by the law of our society and the most dignity value, and the crime of murder that infringes on it is impossible to recover damage by any means. Therefore, it is necessary to punish the Defendant and the prosecutor as a serious crime, regardless of its reasons, which is absolutely unacceptable.

The crime of this case was committed with approximately 20 knife knife with a knife prepared in advance before the defendant was found to have been in an internal relationship with other children, and the method of committing the crime is very cruel and the result of the crime is very poor.

The victim was born in the knife of the knife that the defendant attacked with no discrimination in the state of the knife and the knife did not properly knife the resistance.

In addition, it is clear that the victims' children who have observed the above crimes directly will live in the form of mental shock and suffering that makes it difficult for them to learn through life.

The defendant was unable to receive statements from the bereaved family members of the victim.

On the other hand, the defendant has recognized the crime, thereby seriously against the wrongness, and there is no record of criminal punishment except once a fine is imposed.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions indicated in the records of this case, including the circumstances after the crime, as well as the sentencing conditions compared to the first instance court.

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