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(영문) 대구고등법원 2019.09.05 2019노276
살인등
Text

All appeals filed by a prosecutor and the defendant and the person requested to attach an attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case pertaining to the defendant's case is found to have been committed seven times with the victim's knife and knife as the defendant was neglected by the victim's spouse's relationship with the victim. The crime of this case is very heavy and the knife.

The victim appears to have suffered serious pain and fear in the course of the crime of this case, and the result is very serious as he loses his life that cannot be altered, and the bereaved family members of the victim want to be punished by the defendant.

The defendant was unable to reach an agreement with his/her bereaved family members.

However, the defendant voluntarily surrendered immediately after the crime of this case, and recognized the crime and reflected the mistake.

There is no record of punishment in the Republic of Korea after the defendant entered the Republic of Korea in 2015 after he/she had committed the instant crime by contingently.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended punishment according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed to be too appropriate, light, or unreasonable.

3. Since a prosecutor filed an appeal against a prosecuted case regarding the case claiming an attachment order, it is deemed that the prosecutor filed an appeal regarding the case claiming an attachment order pursuant to Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (the defendant’s appeal regarding the case claiming an attachment order does not have any interest in appeal). However, the appeal filed by the prosecutor does not state the grounds for appeal regarding the appeal and the grounds for appeal submitted by the prosecutor, and the lower judgment

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