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Defendant
In addition, all appeals filed by the person subject to attachment order, the person subject to probation order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court sentenced 14 years to the Defendant and the person to whom the attachment order was requested and the person to whom the probation order was requested (hereinafter referred to as “defendants”). While the Defendant asserts that the sentence of the lower court is too unreasonable, the Defendant asserts that the sentence is too unreasonable, the prosecutor argues that the lower court’s sentence is too unreasonable.
B. Although the case for which a request to attach an electronic device (public prosecutor) is filed, the lower court’s dismissal of both a request to attach an electronic device for location tracking, and a request for a preliminary requester’s probation order is unreasonable.
2. Determination
A. The Defendant’s mistake in the part of the instant case is against himself, and the Defendant was refused to return KRW 100,000,000 that he left to the victim but continued to be refused. On the day of the instant crime, the Defendant demanded the victim to return money after drinking together with the victim, but the Defendant did not return money, and the Defendant’s attitude that the victim did not seem to disregard the Defendant rather than returning money, and committed the instant crime in a contingent manner without giving rise to a sudden level under the influence of the withdrawal.
However, the crime of this case is committed during the period of repeated crime for which the defendant was sentenced to four years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant committed the crime of this case during the period of repeated crime for which the defendant was released from prison without being released from prison after being sentenced to four years of imprisonment, and all of the sentencing conditions, such as the defendant's age, character and conduct, and environment, and the sentencing guidelines of the Sentencing Committee on the crime of murder.