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(영문) 광주고등법원 2018.10.18 2018노288
살인미수
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the conditions of sentencing compared to the lower court’s judgment on the ground that there was no new materials

In addition, in the case of Defendant A, the facts of the instant crime are recognized as a substitute and contradictory to the fact that the facts of the instant crime are against the victim F, the victim F did not have any dangerous injury to the extent that it might endanger his lives. In the case of Defendant B, there are circumstances that may be taken into account the circumstances, such as the confession of and reflect against the Defendant’s criminal act, and the victim was not a special superior position due to the Defendant’s criminal act, and the victim’s attempt to drive smartphones first, and there are no records of criminal punishment in the Republic of Korea.

In full view of all of the conditions of sentencing as seen in the records and arguments of this case, including these circumstances, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s punishment against the Defendants cannot be deemed as going beyond the reasonable scope of discretion due to excessively unhued discretion.

We do not accept the prosecutor's argument disputing the propriety of sentencing of the court below.

2. The Prosecutor’s appeal against the Defendants is dismissed on the ground that all of the appeals are without merit.

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