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(영문) 서울고등법원 (춘천) 2014.07.23 2014노83
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Since Defendant (1) surrenders himself to the police after the instant crime, the lower court erred by misapprehending the legal doctrine, even though the sentence should have been mitigated or exempted.

(2) The sentence imposed by the court below on unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Even if a person surrenders himself/herself after committing a crime as to the Defendant’s assertion of misapprehension of the legal doctrine, the punishment should not be reduced or exempted, but can only be reduced or exempted voluntarily.

(Article 52 (1) of the Criminal Act). Therefore, the court below cannot find it illegal on the ground that the court below did not grant self-denunciation reduction or exemption.

B. Although the Defendant had been sentenced four times to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, the nature and circumstances of the crime are extremely poor, such as the Defendant’s death of the victim at the end of the last sentence and 12 days after the completion of the execution of the sentence, and the Defendant did not reach an agreement with his bereaved family members, taking into account all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, circumstances and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is not harsh, but rather is somewhat minor, but rather, it cannot be deemed that the Defendant’s punishment imposed by the lower court is unreasonable as much as it is difficult to escape from destruction.

3. The appeal filed by the defendant and the prosecutor in conclusion are all groundless, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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