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(영문) 광주고등법원 2019.07.02 2019노156
살인등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order, and a prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one-seven years of imprisonment, five years of probation, etc.) by the Defendant and the person against whom the attachment order was requested or the person against whom the probation order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (e.g., both types of punishment) is too unfilled and unfair. 2) Even though the Defendant’s request for attachment order is likely to recommit the murder crime, it is unreasonable for the lower court to dismiss the Defendant’s request

2. Determination

A. The part of the defendant's case shows an attitude against the defendant, recognizing all of the crimes of this case.

Before committing the murder of this case, the Defendant committed the crime of fraud, theft, etc., and had no record of violence, etc.

It seems that the defendant's poor family environment has become a background for preventing repeated crimes.

However, the Defendant, on the grounds of minor negligence, killed the victim by putting the victim's neck in the entrance of the victim, putting him clothes in the entrance of the victim, binding his face and knife with Cheong tape, and homicideed the victim. In addition, the Defendant stolen cash and card from the wall of the deceased victim, and used the card, and committed so-called Telecommunication fraud prior to the above murder.

The murder committed by the defendant is a serious criminal who is unable to be used for any reason, and the nature of the crime is extremely bad in light of the circumstances and methods of the crime.

The deceased victim was born due to the criminal act of the defendant, and the bereaved family members were also able to live with the big suffering that can not be recovered throughout their life.

Nevertheless, until the trial of the party, the defendant was unable to receive a letter from the above bereaved family members, and the victims of the crime of fraud were not able to recover the damage.

In addition, each of the crimes of this case committed during the period of parole.

3.2

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