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(영문) 서울고등법원 2019.09.05 2019노1449

살인미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment) imposed by the court below on the defendant is too heavy or unreasonable.

2. The lower court, based on its stated reasoning, sentenced the Defendant to the above punishment.

The circumstances favorable or unfavorable to the sentencing asserted by the defendant and the prosecutor as the grounds for appeal are likely to be sufficiently considered in the original trial.

In full view of the various circumstances described in the “determination of sentence” of the lower judgment and other various sentencing conditions as shown in the argument of the instant case, including the Defendant’s age, character and conduct, health status, family relationship, means and result of the crime, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, the lower court’s sentencing does not seem to be hot beyond the reasonable scope of discretion, and it is reasonable to respect the sentencing of the lower court on the grounds that there is no particular change in circumstances in the sentencing conditions in the first instance.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.