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(영문) 대구고등법원 2014.12.18 2014노520
살인등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the respondent for the attachment order (hereinafter “defendant”) is too unreasonable and unfair.

(B) The argument of misunderstanding of facts and misunderstanding of legal principles about the intention of murder was withdrawn on the second trial date of the trial of the first instance.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

In addition, the attachment period of the attachment order ordered by the court below is too short and unfair.

2. Determination

A. With respect to the assertion of unfair sentencing by the Defendant and the prosecutor, even before the instant case, the Defendant inhaled hallucinogenic substances again at approximately eight months after the end of the final sentence, and committed the instant murdering act.

The murder crime is a serious crime that deprives human life, which is the most valuable value that cannot be recovered from damage by any method.

The crime of murder in this case was committed by murdering a victim without physical injury by repeatedly applying, concentrating, or initiating the victim’s face, body, etc. due to drinking and scams, etc., on the following grounds: (a) the method of committing the crime is harsh; and (b) there is no reason to take into account the motive of the crime.

The defendant's crime of this case led to serious physical and mental suffering of the victim, and the bereaved family members of the victim wanted to lead the victim to the suppression of the victim and his bereaved family members and the victim's suffering.

Meanwhile, there are also circumstances such as the fact that the instant murder crime is not a planned crime, but a contingent crime due to net shooting, and the defendant shows the attitude to recognize and reflect his mistake.

As above, the defendant.

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