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(영문) 서울고등법원 2017.04.20 2017노150
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (15 years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The lower court, in light of the fact that the Defendant had been punished several times, the severity of the instant crime, and the cruelness of the method, etc., considered the fact that the relevant crime was very heavy, and that the bereaved family members failed to take any measures to recover the damage of the bereaved family members even though having caused the death of the victim, and thus, did not take any measures to compensate for the damage of the bereaved family members, and considered the Defendant’s punishment disadvantageous to the Defendant, but appears to have caused a crime of this case somewhat contingently in the state of under the influence of alcohol, and sentenced the most minor punishment within the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court in consideration of the circumstances favorable to the Defendant.

The lower court’s determination on sentencing appears to have been made within the reasonable scope of discretion by taking into account the following factors: Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc.; and there is no obvious change in the sentencing conditions that can correct the lower court’s judgment in the first instance court; thus, it is not deemed that the sentence imposed by the lower court is unfair because it was excessively unreasonable compared to Defendant’s liability.

The defendant does not accept the defendant's unfair argument in sentencing.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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