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(영문) 광주고등법원 2017.11.09 2017노362
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s determination on the grounds that the new materials of sentencing were not submitted in the instant case

In addition, in full view of the circumstances favorable to the defendant, including the circumstances favorable to the defendant, and the sentencing conditions indicated in the records and arguments, such as the fact that the crime was committed significantly poor in that the defendant murdered with the victim living together, that the amount acquired by deception is higher than KRW 300 million, that the bereaved family members of the murder case or the victim of the fraudulent crime want to escape the punishment against the defendant, that the defendant is making a confession and reflect on all of the crimes of this case, and that the murder was committed contingently, and that the court below’s punishment exceeded the reasonable scope of discretion.

shall not be deemed to exist.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.

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