2. Determination

A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize the “fair, objective sentencing” and “public disclosure”. Judges shall respect the type of punishment selected and the period of sentence determined (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court intends to enter the grounds for sentencing in the written sentencing upon a judgment deviating from the sentencing guidelines, it shall enter the grounds in a way that it expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

(c)

The judgment of the court below and its propriety are too heavy when comprehensively taking into account the circumstances revealed by the court below and the fact that the family members and branch members of the defendant have submitted a written application for a shot, and there are no obvious changes in the sentencing conditions and the fact that there are no significant changes in the situation in the trial from the trial to the trial of the party.

It is difficult to see that the representative of the G Victim Association is not entitled to express the intention of punishment on behalf of the victim association (the court below considered it as a person of general sentencing without considering it as a person of special mitigation.

2.