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(영문) 광주고등법원 (제주) 2016.10.05 2016노49
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The decision on the grounds of appeal is a case of murdering the victim's neck, which is a matter of dispute between the victim and the party interested in the internal affairs and the travel-related issues.

There is a need for strict punishment corresponding to the act of the accused who has deducted the life, which is the most valuable value of human dignity, regardless of its circumstances.

Furthermore, the defendant still did not receive a letter from the bereaved family members of the victim.

On the other hand, there are extenuating circumstances such as the fact that the defendant appears to be a contingent crime rather than a planned crime, the fact that the defendant voluntarily surrenders to an investigation agency after the crime, the fact that the defendant recognized the crime and committed the crime, and the fact that there is no record of punishment heavier than the fine, except for the traffic-related crimes that have been sentenced to imprisonment without prison labor and the fine, around 190.

The court below sentenced the defendant to a punishment of 9 years as stated in its decision within the scope of the recommended sentencing guidelines, taking into account all the circumstances favorable to the above defendant, the age, character and conduct, environment, and various circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, means of crime, etc., which are favorable to the defendant. Such sentencing of the court below is judged appropriate, and it is not deemed unfair or unreasonable

Furthermore, the new sentencing data has not been submitted after the judgment of the court below was rendered, and there are no other changes in the sentencing conditions.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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