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(영문) 서울고등법원 2016.11.24 2016노2238
살인
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence (12 years of imprisonment) imposed by the court below (hereinafter referred to as the "defendant") shall be too unreasonable.

It is unfair that the sentence imposed by the court below by the public prosecutor is too uneasy and it is unfair that the court below dismissed the request for attachment order.

Judgment

Defendant

In addition, each of the defendants of the prosecutor's assertion of unfair sentencing was voluntarily surrendered after committing the crime, and the court below deposited 10 million won in the court below for the victim's children, and the additional 10 million won in the court below. Such circumstances are favorable to the defendant.

However, murder is a serious crime for which there is no way to recover damage, and it cannot be used for any reason.

In addition, the defendant murdered the victim with knife two times or by knife, and the method of crime is very poor.

The bereaved family members of the victim wanted to strong punishment against the defendant with considerable shock and suffering due to the defendant's crime.

Considering these circumstances, it is inevitable to impose severe punishment on the defendant.

In addition, considering all of the sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as character and conduct, family relations, etc. of the defendant, the court below's punishment against the defendant is too heavy or unreasonable. Thus, the defendant and prosecutor's allegation of unfair sentencing is without merit.

In light of the circumstances as indicated in the lower judgment’s reasoning, which are acknowledged by the evidence duly admitted and examined by the lower court to dismiss the prosecutor’s request for attachment order, the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant is likely to recommit

Therefore, the judgment of the court below which dismissed the request for attachment order is just, and the prosecutor's assertion on this is without merit.

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