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(영문) 서울고등법원 2016.07.14 2016노1063
살인등
Text

1. The part of the judgment below on the defendant is reversed.

A defendant shall be punished by imprisonment for eight years.

A seized knife, f.o.

Reasons

1. Summary of grounds for appeal;

A. The punishment (nine years of imprisonment) imposed by the lower court by the Defendant and the requester for an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the fact that the defendant in the part of the case of the defendant brought about a result that knife the victim's death, and there are no points to take into account even the motive for the crime, there is a need to punish the defendant strictly.

However, examining the punishment of the court below against the defendant on the basis of Article 51 of the Criminal Act, the sentencing conditions in Article 51 of the Criminal Act as well as the sentencing guidelines in the Supreme Court sentencing committee, in light of the fact that the defendant has caused contingent crimes, the number of the defendants immediately after the crime was committed, the number of the defendants did not have any criminal records exceeding the fine, the family members of the defendant want to be punished, the fact that the defendant is against the defendant's mistake, the fact that the defendant has reached an agreement to the spouse of the victim in the trial, and the defendant has reached an agreement to the spouse in the trial at the time of the trial, and

Therefore, the prosecutor's improper argument of sentencing is without merit, but the defendant's argument of sentencing is with merit.

B. As long as the Defendant and the prosecutor filed an appeal regarding the case of the Defendant, the part of the case for which the attachment order is applied is deemed to have filed an appeal regarding the case for the request for the attachment order under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. However, as long as the lower court dismissed the request for attachment order, the Defendant does not have any interest in the appeal, while examining the prosecutor’s petition of appeal or the reasons for appeal on the case for which the attachment order is applied, the part of the lower judgment’s request for the attachment order cannot be reversed even

3. As to the part of the judgment below regarding the defendant's case.

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