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(영문) 서울고등법원 2017.06.02 2017노877
살인등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (25 years of imprisonment) against the Defendant and the person who requested the attachment order to be issued by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence on the case of the Defendant’s improper sentencing on the Defendant’s case is too uneasible.

2) As to the case of a request for attachment order, the Defendant is likely to repeat the crime of murder.

2. Determination:

A. The Defendant alleged unfair sentencing on the Defendant’s case committed serious violence against the victim D of old age, thereby killing the dead body, destroying the dead body, and then cutting down the dead body in cash.

The victim G and I used dangerous objects in the course of committing the crime against the victim G and I.

There is no particular outcome for the recovery of damage even before the job.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognizes all of his crimes.

It seems that the crime of murder and attempted murder have been committed in the state of master.

There is no particular history of punishment since 2001.

Defendant

In addition, I suffered injury from the inside of the inside of the area, such as the price at issue and the frame.

Such circumstances are favorable to the defendant.

In addition, in full view of the defendant's age, sex, environment, motive, means and consequence of the crime, and all the sentencing conditions shown in the arguments, such as circumstances before and after the crime, the sentence of the court below sentenced 25 years imprisonment to the defendant is too heavy or less.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

B. Part 1 of the case where the court below held that the defendant is likely to repeat the crime of murder.

did not recognize it.

The reasons are as follows.

(1) The Defendant was punished for murder before committing the instant crime.

The punishment for violent crimes shall also be punished by a fine for a violation of the Punishment of Violences, etc. Act in 1975 and 2002.

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