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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.11.19 2015노2263
살인등
Text

The defendant's appeal is dismissed.

Reasons

With respect to the part of the defendant's case, the court below dismissed the prosecutor's request regarding the part on which the request for attachment order was filed while rendering a judgment of conviction. Accordingly, since only the defendant appealeds the part on which the request for attachment order was filed, there is no interest in appeal, the part on which the request for attachment order was excluded from

Summary of Grounds for Appeal

In light of the circumstances leading up to the instant crime by contingency, the circumstances in which the Defendant made efforts to see an agreement with the victim’s bereaved family members, the Defendant’s serious reflection and age, and previous convictions, etc., the sentence of imprisonment (15 years of imprisonment and confiscation) by the lower court is too unreasonable.

3. There are extenuating circumstances that can be considered favorable to the Defendant, such as the fact that the Defendant made a confession of all of the instant crimes, and is against his own will, and that the Defendant seems to have committed the instant crime by treating the victim, who was under the influence of drinking, as having no economic ability.

On the other hand, however, there are unfavorable circumstances, such as the fact that the defendant committed the crime of this case even during the suspension of execution, the victim's bereaved family members did not take any measures for recovery of damages, and did not receive any statements from them.

In full view of the circumstances referred to in the original judgment, including the Defendant’s age, character and conduct, environment, background of the crime, means and method of the crime, circumstances after the crime was committed, and the details of the sentencing investigation conducted in the trial, etc., the lower court determined the Defendant’s punishment by taking into account these factors into account, within the scope of recommended sentencing guidelines of the Sentencing Commission ( Imprisonment of 10 years to 16 years to 16 years, general motive murder and basic area).

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