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(영문) 광주고등법원 (제주) 2017.01.25 2016노98
살인
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (22 years of imprisonment) is too unfied and unreasonable.

2. Determination

A. Considering the fact that the result of the unfair argument of sentencing is serious, the method of the crime is cruel, the preparation of the implements of the crime was made in advance, the bereaved family members, including the victim’s dependants, and the victim’s bereaved family members want to be punished strictly against the defendant, etc., the defendant should be punished with severe punishment.

However, there are favorable circumstances for the Defendant, such as the following: (a) the Defendant replys to and reflects the fact that the Defendant committed a serious wound against the victim’s bereaved family members, etc.; (b) the Defendant appears to have brought about a dynamic crime under the influence of alcohol; (c) the Defendant has no criminal record of suspended execution or more; and (d) the Defendant has no record of having been punished for violent crimes except for a violation of the Punishment of Violence, etc. Act on around 1985 and around 1987, on two occasions.

Examining comprehensively taking into account the above circumstances and the Defendant’s age (the age of 56 years at the time of committing the crime), sexual conduct, environment, relationship with the victim, motive of the crime, and circumstances before and after the crime, etc., all of the sentencing conditions as shown in the argument of the instant case, the scope of balancing recommended by the sentencing guidelines, and the following conditions of sentencing, etc., as argued by the Prosecutor, the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's assertion is not accepted.

B. As to the part on which the request for attachment order was filed, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on the case.

As long as an appeal has been filed against a defendant's case, the part of the case for which a request for attachment order has been filed under Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. shall be deemed to have been filed, but the prosecutor shall attach an attachment order.

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