(영문) 광주고등법원 2017.06.29 2017노91 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2017.06.29 2017노91

살인등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant and the prosecutor asserts that it is unfair to determine the unfair sentencing of both parties: imprisonment with prison labor for 15 years and confiscation of excessive one (Evidence No. 5) seized] of the court below.

If there is no change in the sentencing conditions compared with the lower court, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of this case is a normal situation unfavorable to the Defendant, such as: (a) the Defendant murdered the victim with an excessive degree; (b) resulting in a serious consequence that the victim lost her lives; and (c) the act of infringing the victim’s life is the most respected value that the State and society should protect; (d) the victim’s bereaved family members would have suffered from mental shock and pain; (e) the Defendant committed the crime of this case without care during the suspension of the execution of imprisonment; and (e) the Defendant did not receive a letter from the victim’s bereaved family members; and (e) the act of infringing the victim’s life is not justified for any reason.

However, the fact that the defendant repents and reflects his mistake, and that the defendant seems to have committed the crime of this case by contingency is favorable to the defendant.

In full view of the aforementioned favorable or unfavorable circumstances, as well as the Defendant’s age, health status, family relation, sex, environment, criminal record, motive and background of the crime, means and method of the crime, and all the sentencing conditions as shown in the instant records and pleadings, it does not seem that the lower court’s sentence against the Defendant is too heavy or unreasonable to the extent that it should be destroyed as it is too heavy.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed as all are without merit.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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