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(영문) 부산고등법원 2019.02.12 2018노608
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case even though the defendant did not have intention to kill the victim, is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also argued the same as the original judgment, and the lower court rejected the Defendant’s assertion in detail.

The judgment below

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below and the party, the judgment of the court below is just and there is no error of law by mistake of facts

Defendant’s assertion is without merit.

B. 1) As to the assertion of unfair sentencing, the sentencing guidelines set by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Court Organization Act on the basis of the standard of sentencing determination (hereinafter “Sentencing Criteria”).

(2) In order to realize “fair, objective sentencing that can be trusted by the people”, the term “reasonable, concrete, and objective setting” and “public disclosure” through “procedures prescribed by the Act. Judges shall respect the selection of the type of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where the grounds for sentencing are to be stated in the judgment as a result of a judgment that deviates from the sentencing guidelines, the court shall state the reasons in a way that it expresses the reasons for the sentencing in a reasonable and persuasive manner (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010) by taking into account the significance, effect, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010) and the scope of recommendations based on the sentencing guidelines for the crime of this case as to whether the criteria are appropriate, five years to 12 years [the general homicide].

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