beta
(영문) 광주고등법원 2017.01.12 2016노408

살인

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that the sentence imposed by the court below on the ground of appeal (10 years of imprisonment, confiscation) is too unfluent and unfair.

In this court, the prosecutor had already been present during the hearing of the court of the court in order to take full account of the sentencing of the court below, and submitted a written agreement to the effect that the victim's father and wife do not want the punishment of the defendant.

In addition, comprehensively taking account of all the factors of sentencing as shown in the argument of the instant case, such as the Defendant’s age, sex and environment, motive for committing a crime, and circumstances after committing a crime, the sentencing of the lower court is deemed to have been conducted within the reasonable scope of discretion, and cannot be deemed to be unfair.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.