살인등
The defendant's appeal is dismissed.
1. With respect to a judgment on a defendant's case subject to a judgment by this Court, where an appeal, waiver or withdrawal of an appeal is filed against the judgment on the case subject to a judgment on the case subject to a judgment on the attachment order, an appeal shall be deemed to have been filed, or waiver or withdrawal of an appeal is deemed to have been filed (Article 9(8) of the Act on the Probation of Specific Criminal Offenders and the Electronic Monitoring, Etc.). The provision legal fiction of
Therefore, in a case where only the defendant appealed against the judgment of the court of first instance which pronounced guilty of a prosecuted case and dismissed the request for attachment order, notwithstanding the provision of legal fiction of appeal as to the part of the request for attachment order, the request for attachment order is not continued in the appellate trial and it becomes final and conclusive separately as it is, so the only defendant appealed against the accused case on the ground of unreasonable sentencing. Thus, the subject of judgment of this court
2. The summary of the grounds for appeal (e.g., both types of punishment) acknowledges and reflects all of the crimes, and the sentencing of the first instance court, which sentenced the defendant 15 years imprisonment, is too unreasonable in light of the circumstances where the defendant's health status is not good.
3. The phrase “an unreasonable determination of a sentence prescribed in subparagraph 15 of Article 361-5 of the Criminal Procedure Act regarding the grounds for appeal” means that the exercise of discretionary power assigned to a judge is deemed unfair to the extent that it is permitted to exercise discretionary power within the scope of discretion, and ultimately, it means that the exercise of discretionary power in sentencing begins from the type of punishment to the sentence through the applicable sentences is not appropriate, thereby causing unfair penalty.
Sentencing is prescribed by Article 51 of the Criminal Act on the basis of statutory penalty.