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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable that the sentence (a life imprisonment and confiscation) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too uneasible.
2. Determination on the defendant's case
A. In light of the fact that the death penalty is a very cold punishment that deprives the human life of itself of it, and that it is extremely exceptional punishment that can be presented by the dual judicial system of a life-sustaining country, there are special circumstances that can be justified in light of the degree of responsibility for the crime and the purpose of punishment.
A person shall be granted a death penalty only where objective circumstances exist to recognize. Accordingly, in sentencing a death penalty, a thorough examination of all the matters that constitute the conditions for sentencing, such as the offender’s age, occupation, career, sex, intelligence, educational degree, growth process, relationship with the victim, motive for the crime, existence of a prior plan, the degree of preparation, means and method, the degree of cruel and maliciousness, seriousness of the result, the number of victims and the appraisal of damage, the depth and attitude after the crime, reflectivity and attitude, the degree of recovery of damage, and fear of recidivism, etc., the decision whether to choose the death penalty should be made only after clearly expressing the above special circumstances (see Supreme Court Decision 2003Do924, Jun. 13, 2003, etc.).
In light of the various unfavorable circumstances described by the lower court in the column of “decision on Punishment”, such as the record of the Defendant’s crime, the motive, method, and consequence of each of the instant crimes, the circumstances after the crime was committed, the Defendant’s attitude during the investigation process, and the risk of recidivism, etc., the Defendant’s strict punishment against the Defendant is inevitable.
However, the defendant-appellant.