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(영문) 대법원 2018.06.28 2018도6310
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by the defendant and the respondent for attachment order A

A. Examining the following circumstances in relation to the Defendant case: (a) the age of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”); (b) the criminal records; (c) the criminal records; (d) the offender’s sexual conduct; and (e) the relationship with the victim; and (e) the motive means and consequence of the instant crime; and (d) the motive and consequence of the crime; and (e) the circumstances asserted by the Defendant A and his defense counsel, there is a substantial reason to acknowledge that the lower court’s sentence of imprisonment with prison labor against the Defendant A is extremely unfair.

subsection (b) of this section.

B. As to the case of the request for attachment order, inasmuch as the defendant A filed an appeal against the defendant's case, the appeal regarding the attachment order case shall be deemed to have been filed.

However, there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

2. As to the grounds of appeal by Defendant B, the argument that the lower court erred by misapprehending the facts regarding the lower court’s failure to deliberate on the sentencing, violation of the principle of balance of crimes or the principle of responsibility, and special sentencing factors constitutes an unfair argument in sentencing.

However, examining various circumstances, such as Defendant B’s age, criminal records, sex, environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, there are significant grounds to recognize that the lower court’s sentencing, which maintained the first instance judgment that sentenced Defendant B to imprisonment with prison labor for life, is extremely unfair even when taking into account the circumstances asserted by the defense counsel, is extremely unfair.

subsection (b) of this section.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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