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(영문) 서울고등법원 2015.12.24 2015노2817

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the process of fighting with the victim and the victim, the Defendant committed an object around the victim to spawnize, but did not recognize that the object was maintained at the time, and thus, the Defendant did not have any intention to kill the victim, the lower court convicted the Defendant, even though he did not have intention to kill the victim, was erroneous. 2) The lower court’s sentence of unfair sentencing (ten years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The court below rejected the defendant's assertion in detail under the title of "the defendant and his defense counsel's assertion" on the ground that the defendant's assertion of mistake is identical in the judgment of the court below, and the court below rejected the defendant's assertion in detail. In light of the records and a thorough comparison of the above judgment of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion

3. In full view of various circumstances cited by the lower court in determining the sentencing sentencing of the Defendant and the prosecutor’s assertion of unfair sentencing, and the recommended sentencing guidelines (a period of 7 years to 12 years of imprisonment) set by the Sentencing Committee of the Supreme Court, the lower court’s punishment is too heavy, or it is not recognized that the Defendant and the prosecutor’s assertion are too unreasonable. Therefore, the Defendant and the prosecutor’s

4. According to the conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.