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(영문) 대전고등법원 (청주) 2015.01.08 2014노178
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seventeen years.

Seized knife (No. 1), knife (No. 2).

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (13 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the following facts: (a) the crime of this case on board knife knife knife knife knife knife knife knife knife knife knife knife knife knife again another knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and the crime of this case was committed on the part of the defendant who was committed at the place where the crime was committed; and (b) the defendant was prepared to commit the crime without the net knife knife knife knife knife knife, etc.; (c)

or immediately after the crime of this case was committed, the investigative agency voluntarily surrendered.

Considering the favorable circumstances such as the fact that one's mistake seems to be in depth and the sentencing of the first instance court is determined through a participatory trial, the lower court's punishment is deemed to be too uneasible and unfair.

The prosecutor's ground of appeal is with merit, and the defendant's ground of appeal is without merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is with merit, and it is again decided as follows.

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