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(영문) 대전고등법원 2016.01.15 2015노587
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Improper sentencing on the gist of reasons for appeal: The sentence of the court below (14 years of imprisonment) is too heavy.

2. The lower court, based on the grounds stated in its reasoning, determined the Defendant’s punishment within the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee.

In regard to the crime of this case, which took the life of the victim without permission, at the small time when it is deemed that the life of the victim is the most valuable value of the human being, and thereby makes it difficult for our society to cope with the serious punishment as to the crime of this case, which caused the victim as well as his family and his family members as well as the victim. Thus, there is no strong penalty as the defendant.

Accordingly, taking into account the various circumstances asserted by the Defendant on the grounds of appeal, the Defendant’s age, sex, environment, family relationship, relationship with the victim, circumstances surrounding the crime, progress of the crime, circumstances after the crime, recovery of damage, and criminal records as indicated in the argument of this case are comprehensively taken into account. Following the application of the sentencing guidelines established by the Supreme Court sentencing committee, the lower court’s punishment against the Defendant is sufficiently acceptable, and contrary to the allegations by the Defendant, it is too heavy as otherwise alleged by the Defendant.

subsection (b) of this section.

The defendant does not accept the defendant's unfair argument in sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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