(영문) 부산고등법원 2020.05.07 2019노596 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산고등법원 2020.05.07 2019노596

살인

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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. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”): The sentence imposed by the lower court on the Defendant (23 years of imprisonment) is too unreasonable.

B. Prosecutor 1) The part on Defendant case: The lower court’s dismissal of the Defendant’s request for the attachment order of this case, even though the Defendant is highly likely to repeat the crime of murder, considering the method and motive of the crime as to the part of the request for attachment order, circumstances after the crime, and the criminal conduct before the crime, etc.

2. Determination

A. The instant crime committed on the part of the Defendant case is a punishment for a victim and a vagabonds to avoid selling any further alcohol to the Defendant who had already been in a state of drinking at the main point in the management of the victim.

It is true that the victim's face and head are panded by pande, and the victim's face and head are hicked by knife and knife and murdered the victim.

The lower court determined that a serious punishment corresponding to the criminal liability was necessary in light of the following: (a) the method of criminal punishment was cruel; (b) the victim caused serious fear and physical pain from the time of the crime to the time when the victim died; (c) the victim’s bereaved family members suffered considerable mental shock; and (d) the Defendant denied the crime by being drunkly drunk; and (c) the Defendant was unable to memory. However, the lower court determined the Defendant’s punishment by taking into account the circumstances where the Defendant had no particular criminal power, other than the previous criminal conviction, rather than the Defendant’s fine, and taking into account the recommended sentencing guidelines of the Sentencing

Human life is the highest legal interest to be protected by the state and society, and the act of infringing it is a serious crime in which it can not be used for any reason.

The defendant, on the ground that the victim does not sell alcohol, has a panpanty, and knife it.

유사 판례

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