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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
As to the punishment (15 years of imprisonment) sentenced to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant"), the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.
The prosecutor asserts that it is improper for the court below to dismiss the defendant's request for attachment order of this case even if there is a risk of recidivism.
Judgment
More than anything else, the defendant's decision on the assertion of unfair sentencing between the two parties has taken away the life of a severe person at his own expense, and above all, considering the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances of the crime after the crime, such as murder of the victim's chest with knife knife which is mainly used at the fnife knife's knife, and so on, the nature and circumstances of the crime are harshly poor. The victim's bereaved family members want to punish the defendant, and there are many kinds of criminal records of violence, and the defendant seems to have reached the crime of this case by drinking alcohol, and the defendant seems to have committed the crime of this case by contingency. In light of various sentencing conditions in the records, it is difficult to deem that the court below's punishment of imprisonment within the scope of sentencing guidelines is too heavy or it is too harsh enough to destroy it to the extent that it is too harsh.
"Risk of recommitting a homicide" under Article 5 (3) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders to the judgment on the part of an attachment order refers to the possibility of recommitting a homicide is not sufficient, and it is highly probable that the person who requested the attachment order will injure legal peace by committing a homicide again in the future.
The risk of recidivism of murder crimes.