(영문) 서울고등법원 2016.03.24 2015노3444 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.03.24 2015노3444

존속살해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the person who requested attachment order (hereinafter “Defendant”) as well as the person who requested attachment order (hereinafter “Defendant”) is deemed unreasonable in light of the cruelness of the criminal law, the Defendant’s attitude, etc.

B. In light of the cruel method of the instant crime, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order even if the Defendant is highly likely to repeat the crime.

2. In a case where the prosecutor appealed on the appeal deemed to have been filed regarding the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act, it is deemed that an appeal was filed regarding the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act, but there is no submission of the grounds for appeal regarding the medical care and custody case, and there is no ground

3. Judgment on the grounds for appeal

A. The lower court determined on the unfair argument of sentencing: (a) considering the following factors: (i) the Defendant brought about a serious result that infringes on the most respected value of human life by murdering the victim who is one of his/her natives on a family level, and (ii) the method of committing such crime is harsh; (iii) the Defendant was disadvantageous to the Defendant; (iv) the Defendant committed the instant crime in a state of mental and physical weakness due to mental disorder; (v) the Defendant’s birth is one of his/her bereaved family members; and (vi) the Defendant recognized and reflected all the instant crimes; and (v) the first offender who has no history of crime; and (v) the Defendant was sentenced to punishment within the scope of recommendations given in the sentencing guidelines established by the Supreme Court Committee on the sentencing guidelines, taking into account the favorable circumstances for the Defendant.

The lower court’s judgment.

유사 판례

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