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(영문) 광주고등법원 2018.04.05 2017노497
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the conditions of sentencing compared to the lower court’s judgment on the ground that there was no new materials

The Defendant has led to the confession of all the crimes of this case, and is against the victim, and the victim wanted to have his wife against the Defendant.

The crime of this case appears to have occurred contingently, and the defendant is the first offender who has no criminal history.

The defendant has yet to be aged 22 as a university student, and his parents will continuously guide and manage the defendant in the future.

There is a strong challenge to protective measures such as duplicating.

In full view of all of the conditions of sentencing as seen in the records and arguments of this case including these circumstances, even if the prosecutor considered the circumstances asserted on the grounds of appeal, the lower court’s sentence against the Defendant cannot be deemed to have exceeded the reasonable scope of discretion because it is excessively unhued.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The appeal by the conclusion prosecutor is dismissed for reasons.

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