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(영문) 서울고등법원 2020.10.16 2020노1193
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment with prison labor for fifteen years.

Reasons

Summary of Grounds for Appeal

A. The punishment of the lower court (17 years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court dismissed the Defendant’s request for the attachment order of this case on the ground that the Defendant is likely to recommit the murder crime in light of the method of committing the instant crime and the circumstances after committing the instant crime, etc., as to the part regarding the Defendant’s case as to the instant case’s punishment, is too un

Judgment

A. The life of a person to be judged on the sentencing of the Defendant case is a member of the dignity of human being, and is in its own purpose and only once, he/she cannot see it.

Murder is the highest legal interest protected by the law, and the life of the person whose highest absolute value is the highest value, and the result is very serious and no reason is acceptable.

The defendant is not making any effort to kill the victim, to compensate for damage, and the bereaved family of the victim is also trying to punish the victim with severe punishment by inserting the conflict with the victim who is a neighboring resident, who is not good in common.

However, the defendant showed the attitude of recognizing and opposing the facts of the crime from the time of arrest, and the mistake is divided.

The defendant has committed the crime of this case in a contingent manner, which was disputed with neighboring victims.

The defendant has no record of criminal punishment, except twice due to the violation of the Road Traffic Act, etc.

In full view of the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and method of committing a crime, and all the sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court is deemed to be too unreasonable and too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

(b).

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