(영문) 서울고등법원 2020.09.02 2020노1098 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.09.02 2020노1098

살인등

Text

Defendant

The appeal filed by both the candidate for medical treatment and custody and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

A. The sentence imposed by the court below (10 years of imprisonment and confiscation) is too unreasonable for the defendant and the requester for medical treatment and custody (hereinafter “defendants”).

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The court below in the part of the defendant's case against the defendant was sentenced to punishment against the defendant: (1) under unfavorable circumstances; (2) under favorable circumstances; (3) the life of a person is an absolute value that cannot be altered; (4) criminal law; and (3) the highest legal interest that our legal system intends to protect; and (4) the infringement act should be punished strictly; (4) it is clear that the victim's bereaved family members were suffering from mental shock and pain that cannot be said to be achieved; (4) it appears that the victim was able to live with such a life-long shock and pain; (4) the defendant was not used from the victim's bereaved family members; and (4) the victim did not make any effort to recover from damage; and (4) the victim's bereaved family members wanted to be punished against the defendant; (2) the defendant was recognized as a criminal defendant who has no record of criminal punishment in the past; and (3) the defendant is considered to have suffered from dementia in the state of mental and physical disorder due to the division of illness, etc.

The lower court seems to have imposed a sentence within the reasonable scope of discretion, taking full account of the aforementioned various circumstances into account.

The circumstances alleged by the Defendant and the prosecutor on the grounds of unfair sentencing through the statement of grounds for appeal are sufficiently considered in determining the punishment at the original court, and no other special circumstances are found to change the sentencing of the original court.

Therefore, the defendant and the prosecutor's unreasonable sentencing.

유사 판례

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-광주고등법원 (제주) 2020.04.01 2020노8

-부산고등법원 2020.06.04 2020노37

-부산고등법원 (창원) 2019.07.03 2019노126

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