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(영문) 부산고등법원 2014.02.06 2013노540
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (a punishment of 15 years of imprisonment and 2 knife confiscation) is too unreasonable.

B. In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. The sentencing factors against the Defendant include: (a) the fact that the Defendant lent a vehicle to commit the instant crime for the purpose of the Defendant; (b) prepared a knife knife knife knife knife knife knife with the cellular phone of the victim to prevent the victim from reporting immediately after the crime; (c) murdered the victim knife with knife several times in knife; and (d) two children, the victim’s bereaved family members, were faced with a deep sense of mind that it is difficult to recover throughout their lives; and (d) tried to punish the

As a factor of sentencing favorable to the defendant, the fact that the defendant seems to have led to the confession and reflect of the crime of this case, and that the defendant has no record of criminal punishment except twice fines.

In full view of the aforementioned factors of sentencing and other factors of sentencing indicated in the argument of this case, such as the Defendant’s age, character and conduct, and family relationship, it is not recognized that the sentence of the lower court against the Defendant is deemed reasonable, and is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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