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(영문) 서울고등법원 2016.03.17 2015노3355
살인미수
Text

The defendant's appeal is dismissed.

Reasons

With respect to the Defendant case, the lower court rendered a judgment dismissing the Prosecutor’s claim regarding the case of conviction, attachment order, and observation order, and only the Defendant appealed.

Therefore, there is no benefit in appeal with respect to the part of the claim for attachment order and protective observation order. Therefore, notwithstanding Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders, the part of the judgment below regarding each of the above claims is excluded from the scope of the judgment of this court.

2. The sentence imposed by the lower court (four years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. We examine the sentence of the court below against the defendant based on the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines set forth in the Supreme Court sentencing committee, which include both favorable and unfavorable circumstances for the defendant as stated in the column of the judgment of the court below's "reasons for sentencing", and the sentencing guidelines set forth in Article 51 of the Criminal Act, as well as the defendant's assertion is not reasonable because the sentence imposed by the court below is too

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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