(영문) 대전고등법원 2016.12.23 2016노231 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2016.12.23 2016노231

살인등

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The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for thirty-five years.

part of the attachment order case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an order to attach an electronic device (hereinafter referred to as “Defendant”): The lower court’s imprisonment is too heavy and the Defendant, even though he/she led to a confession of all of the instant crimes in the initial grounds for appeal, stated that the lower court denied the judgment by misapprehending the legal doctrine, and subsequently withdrawn the assertion.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.

2. We examine both parties’ assertion of unfair sentencing as to the part of the Defendant’s case together.

People's life is the highest value that can not be deprived of any person for any reason, and that the State and society should protect.

However, the Defendant, without any particular circumstance, killed the victim who was under the school system by the reason that he was frighten and frightening the human life without any specific circumstance.

Even if the Defendant voluntarily surrenders and initially manifested, the Defendant, at the time of committing the crime, was aware of the victim’s stroke while smoking tobacco from the victim’s stroke, with the knowledge that the victim would be deprived of consciousness, and subsequently murdered the victim’s stroke by using the Hague Wire, and then strokeed the victim’s stroke.

The Defendant, even before the instant case, committed a crime against the women who were in school with himself, was sentenced to a two-year punishment for committing murder in 2009, and was sentenced to a two-year punishment for committing a repeated crime in 2013, but was sentenced to a two-year punishment for committing a repeated crime. However, the Defendant committed a murder during the period of a repeated crime, which is ten months or less, even though he was sentenced to a two-year punishment for committing a repeated crime.

Furthermore, the defendant was aware that the victim was pregnant at the time of the crime.

3.2

유사 판례

-대전고등법원 2015.12.04 2015노531

-수원고등법원 2020.11.18 2020노546

-서울고등법원 2017.03.10 2017노102

-대전고등법원 2015.11.23 2015노469

-대전고등법원 (청주) 2016.12.01 2016노140