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(영문) 서울고등법원 2015.11.26 2015노2684
살인등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal (a 30-year imprisonment, confiscation) of the lower court, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) asserts that the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “defendants”) are too unreasonable and unfair

2. In full view of the judgment on the part of the defendant's case, the court below's sentence against the defendant is not deemed to be excessive or unreasonable because it is too heavy, and thus, the defendant and the prosecutor's assertion are without merit.

3. The judgment and the defendant on the part of the case for which the request for attachment order is filed shall be deemed to have filed an appeal regarding the case for which the request for attachment order is filed under Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, unless the prosecutor and the

However, the prosecutor and the defendant did not submit legitimate grounds for appeal regarding the part regarding the request for attachment order among the judgment below, and the defendant stated the grounds for appeal as of October 15, 2015, stating that they would not dispute the attachment order on the first trial date, and even ex officio, there is no ground for reversal of the part regarding the request for attachment order among the judgment below.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

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