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(영문) 서울고등법원 2018.08.09 2018노950
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The lower court: (a) taken into account the following factors: (b) the Defendant was under the influence of the Defendant: (c) the Defendant was under the influence of alcohol, taking into account the following factors: (d) the Defendant’s age, sex, intelligence, environment, relationship with the victim, motive, means, and risk of the crime; and (e) the Defendant’s appearance is very poor in light of the method of the crime; (b) the Defendant’s mistake is against the Defendant; (d) the Defendant was under the advantage of the victim; (e) the victim was able to take advantage of the victim; (e) the Defendant was under the consent of the victim; (e) the Defendant was under the influence of the victim; (e) the Defendant was under the influence of the murder; and (e) the Defendant was under the negligence of the intent of murder; and (e) the Defendant did not have the same type of criminal history or criminal history beyond the fine; and (e) the Defendant was sentenced to imprisonment with prison labor for two years after taking into account all the following factors:

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. In addition, there are no circumstances to recognize that the lower court’s maintenance of the lower court’s sentencing judgment is unfair, considering the circumstances that the lower court had already taken into account while determining the Defendant’s punishment.

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

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