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(영문) 서울고등법원 2017.12.07 2017노3018
살인등
Text

Defendant

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

Reasons

The sentence (25 years of imprisonment) imposed by the court below (hereinafter referred to as the "defendant") on the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The sentence imposed by the court below on the defendant case of the prosecutor is too unfortunate and unfair.

In regard to a request for attachment order, the lower court’s dismissal of the Defendant’s request for attachment order against the Defendant, even though the Defendant was sufficiently likely to recommit the murder crime.

Judgment

With respect to the defendant's case (unfair argument of sentencing by the court below), the court below stated in the column of "decision of sentencing", and in particular, the defendant's crime of this case was committed in a planned and arbitrary manner against the victim who is a member of one's family as the defendant's member, and the motive for the crime of this case was hard to understand that the victim's scambling and scambling caused the cause of the scambling because the victim's scambling and monetary problems were the cause of the scambling. The victim's spouse want not take advantage of the defendant even though the defendant was in a scambling relationship with the defendant, and the defendant's age and character environment, past criminal records, past criminal records, defendant's attitude in the court, etc., and all of the sentencing conditions and records mentioned in the arguments and records of this case such as the motive and result of the crime of this case as well as the situation after the crime, it is not acknowledged that the court below's punishment is too excessive or unreasonable.

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

In regard to the claim for attachment order, the lower court, on the sole basis of the evidence submitted by the prosecutor, is highly probable to injure the legal peace of the Defendant by committing murder again in the future.

On the ground that it is difficult to conclude the Defendant’s request for attachment order, which was adopted by the court below.

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