2017Do6994 homicide

2017 Before the 2017do55 (Joint Attachment Orders)

Persons whose attachment order is requested;

A person shall be appointed.

Defendant and the respondent for attachment order

Attorney U. U. (Korean Branch of Law)

Gwangju High Court ( Jeonju) Decision 2016No190, ( Jeonju) 2016 Jeonju 2017, 2016 Jeonju 2016 Jeonju)

23 (Joint Judgment)

July 18, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. The accused case;

The judgment of the court below deviates from the limit of sentencing discretion by violating the principle of proportionality under the Constitution.

The argument that there is an error of law constitutes an allegation of unfair sentencing. However, the defendant and the respondent

The age, character and conduct, environment, relationship with the victim of the person who requested the arrival order (hereinafter referred to as the "defendant"), and the like of the crime;

Various circumstances that form the conditions for sentencing as shown in the record, such as the means, consequences, and the circumstances after the crime.

In light of the circumstances asserted in the grounds of appeal, 25 years of imprisonment for the defendant

The determination of the court below's punishment, which maintained the first instance court which sentenced the punishment, is extremely unfair.

subsection (b) shall not be deemed to have a significant reason.

2. As to the case of the request for attachment order

If the defendant files an appeal against the accused case, the appeal regarding the case claiming attachment order shall also be filed.

subsection (1) of this section is deemed to have been filed. However, there is no entry of the reasons in the petition of appeal and the appellate brief also has an objection

There is no description of the grounds for objection against this.

3. Conclusion

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

shall be ruled.

Justices Jo Hee-de

Justices Ko Young-han

Justices Kim Jae-tae

Justices Park Sang-ok