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(영문) 광주고등법원 2021.02.04 2020노303
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the sentencing of the lower court is too too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too uneasible and unfair.

2. In a case where there is no change in the sentencing conditions compared to the judgment of the court below, and where the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances asserted by the defendant and the prosecutor as sentencing factors in this court are already revealed in the hearing process of the court below, or considerable consideration in determining the punishment against the defendant, and there is no change in circumstances in the sentencing guidelines, including the matters subject to sentencing conditions after the decision of the court below, and no particular change in the sentencing guidelines after the decision of the court below is found (a prosecutor asserts to the effect that the defendant committed a planned crime, such as purchasing excessive amount for the purpose of killing the defendant, but there is insufficient evidence to acknowledge it as above). If the circumstances indicated by the court below on the grounds of sentencing are different from the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and recommendations based on the sentencing guidelines stated in the arguments and the records of this case, it cannot be considered within the extent of unreasonable discretion.

All the arguments of the defendant and the prosecutor are without merit.

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

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