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(영문) 광주고등법원 2020.06.18 2020노58
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of murdering is a serious crime that infringes upon a human life-component value that is impossible to replace that human life and thus is unable to recover damage in any way, and the corresponding severe punishment is inevitable.

In addition, if there is no change in the sentencing conditions compared to the original judgment, and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The grounds alleged by the Defendant as an element of sentencing are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines with the matters subject to the conditions of sentencing after the lower judgment was sentenced.

Considering the circumstances that the lower court rendered on the grounds of sentencing comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, relationship with the victim, etc., all of the sentencing conditions and the scope of sentencing guidelines recommended by the sentencing guidelines, such as the victim’s desire to commit the crime in this case, and the fact that the Defendant appears to have not prepared for the commission of the crime in a planned manner, the lower court’s sentencing was carried out within the reasonable scope of discretion, and thus, cannot be deemed unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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