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(영문) 서울고등법원 2016.08.31 2016노1687
강도살인등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for the appeal by the prosecutor is unreasonable because the sentence (a life imprisonment, confiscation, and attachment of an electronic tracking device between 30 years and 30 years) imposed by the court below on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") is too unfasible.

2. Determination on the defendant's case

A. In light of the fact that the death penalty for which the sentence of death penalty is allowed is a very limited punishment to deprive the human life itself of it smoothly, and that it is extremely exceptional punishment that can be presented by the dualistic judicial system of the country of life style, there are special circumstances that can be justified in light of the degree of responsibility for the crime and the purpose of the punishment.

A person shall be allowed only when objective circumstances exist to recognize. Accordingly, in sentencing a death penalty, a thorough examination of all the matters that constitute the conditions for sentencing, such as the offender’s age, occupation, career, sex, intelligence, education degree, growth process, relationship with the victim, motive for the crime, existence of a prior plan, the degree of preparation, means and method, the degree of cruel and maliciousness, seriousness of the result, the number of victims and their damage, the depth and attitude after the crime, the existence of reflect and liability, the degree of damage recovery, and concerns about re-offending, etc., the decision on whether to choose the death penalty shall be made only after clearly explaining the special circumstances as above (see Supreme Court Decision 2003Do924, Jun. 13, 2003).

1) On July 2, 1967, the Defendant was born to the Defendant’s age, environment, growth process, sex conduct, intelligence, and level of education. The Defendant was born to the fifth female on July 25, 1967.

Although there is no data on the process of the defendant's growth at home on the record, it is time that the defendant started from the juvenile saving time to the accommodation facility, such as being confined in the juvenile reformatory.

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