logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.19 2016노3067
살인등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the accused and the person who requested an attachment order (hereinafter referred to as the “defendant”) are not able to drive away the victim H throughout the course of committing the crime.

The punishment sentenced by the court below (25 years of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

The facts charged against the Defendant’s misunderstanding of the facts in the part of the instant case are not premised on the Defendant’s failure to drive the said victim’s Ha before knife the victim’s H.

There is no evidence to see.

However, in full view of the evidence duly adopted and examined by the court below, including police black images included in CCTV video CDs, the fact that the defendant discovered that the victim H fing toward himself and fing to the victim H, and the fact that the victim H fing away from the victim H is recognized as the fact that the victim fing away from the victim's H (it appears that the height of the defendant's moving to the location and the location where the victim H moving to the photograph by cutting down the black fing image which is bound on the 197th page of the evidence record, would vary from the victim's H. However, when examining the black fing image contained in the above CCTV, the defendant does not go apart from the victim's H, but it can be confirmed that the defendant runs away at a rapid speed of the victim's H. Accordingly, the defendant's assertion on this issue is without merit).

Examining the sentence of the court below against the defendant based on the circumstances favorable to and unfavorable to the defendant in the column of "reason for sentencing" of the court below's judgment, and the conditions of sentencing under Article 51 of the Criminal Act, which have been shown in the records and arguments of the defendant's health status, etc., it is not recognized that the sentence of the court below is too heavy or unreasonable since it is too heavy. Thus, each of the unfair arguments of sentencing by the defendant and the prosecutor is without merit.

arrow