살인
All appeals by the defendant and the prosecutor are dismissed.
1. The main point of the grounds for appeal (20 years of imprisonment) is too unreasonable as the sentencing of the lower court is too unreasonable (defendants). On the contrary, the above sentencing is so unfair as to be too uneasible (the prosecutor). 2. The sentencing is determined based on the statutory penalty, by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
Unless there exist such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the above sentence to the Defendant with regard to the sentencing, and the circumstances favorable or unfavorable to the sentencing alleged in the trial by the Defendant and the prosecutor are already considered in the lower court’s determination of the sentence.
In light of the specific contents of the instant crime, methods, results, etc. of the instant crime, including the fact that the Defendant committed the instant crime under the absence of reasonable grounds or motive for committing murder, and the fact that the victim had already lost awareness and had committed a state in which it was unable to defend himself/herself, and that the victim’s head was cruelly continued price, and thus, the Defendant is subject to strict criminal punishment corresponding to the degree of liability.