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(영문) 광주고등법원 2020.04.23 2019노482
살인
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s sentencing on the Defendants of the gist of the grounds of appeal is too unreasonable.

2. The determination of murder is a serious crime that infringes upon an unreplaceable human life value, and that is, in any way, unable to recover the injury.

In addition, if there is no change in the sentencing conditions compared to the original judgment, and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Circumstances the Defendants asserted as sentencing factors in this court were already revealed in the hearing process of the lower court. There was no change in circumstances in the sentencing guidelines with respect to the matters subject to the conditions of sentencing after the sentence of the lower judgment was rendered.

In light of the circumstances that the court below did not receive a letter from the victim's bereaved family members, and considering the defendants' age, character and conduct, environment, motive and means of crime, result, degree of participation, relation to the victim, circumstances after the crime, etc., the court below's sentencing against the defendants is too unreasonable since the defendants was made within the reasonable scope of discretion, in light of the circumstances where the defendants are in secret.

The Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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