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(영문) 부산고등법원 2018.08.16 2018노252
살인등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for the attachment order of this case, despite the risk of recidivism, is unreasonable.

2. Determination

A. We examine both the Defendant and the Prosecutor’s respective arguments regarding sentencing.

Human life is a valuable value that cannot be altered.

Since the murder crime is a serious crime that infringes on human life and is unable to recover damage in any way, it should bear strict responsibility corresponding thereto.

Due to the criminal act of the defendant, the victim was deprived of his/her neck, and the damage was frighting, and the responsibility for the crime is heavy.

At the time of committing the instant crime, the victim was in a de facto state of influence by taking out the neutic stability, exemption from water and drinking.

On the other hand, the defendant seems to have been killed in the knife of the victim's head by liding the victim's head through a lid from the rice of his own material and suppressing the victim's resistance, and the victim's resistance is also exposed to the victim's inside.

The method of crime is cruel and the scene of crime is harsh, such as intensive exposure of the parts of the knife with a knife with a knife, and the inside is exposed.

The victim seems to have suffered serious pain and fear before the death.

In addition, on October 30, 2017, the Defendant planned to commit the instant crime, such as purchasing phrases in advance at the convenience store on October 30, 2017, which was prior to the instant crime. The Defendant collected Cheongba, which was sought again at the scene of the instant crime, and concealed the criminal act by hiding the knife for committing the crime.

The accused shall be from the investigative agency.

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