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(영문) 부산고등법원 2018.06.27 2018노180
강도살인등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Determination

A. Sentencing Criteria established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing Criteria”) is “reasonable, specific, and objective setting” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the punishment (see Articles 81-2 through 81-12 of the Court Organization Act). The court shall state the reasons for the imposition of sentencing in a way that it expresses reasonable and persuasive reasons for the imposition of the relevant punishment (where it is necessary to state the reasons for the imposition of punishment in the written judgment, taking into account the relevant sentencing guidelines, the scope of imprisonment with prison labor for a period of not less than 6 months (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010) / [the scope of imprisonment with prison labor for a limited period of not less than 6 years] of imprisonment with prison labor for the relevant type of general larceny [the scope of imprisonment with prison labor for the relevant type of punishment [the scope of punishment for murder]

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