logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2014.03.21 2013노566
살인등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (18 years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. In light of all the circumstances, including the Defendant’s age, occupation, character and conduct, motive of the crime, and circumstances after the crime, the crime of this case is deemed to have caused the death of the victim at 26 times or knife, the method of the crime is very harsh, the victim’s leaving alone living after the crime and appears to have been hidden from the victim’s heavy pain, and the circumstances after the crime are not good, such as theft and use of the victim’s cellular phone and physical check after the crime, the victim’s bereaved family members want to punish the Defendant, and there is no other history of punishment except for one fine prior to the crime, and there is no other history of punishment except for the Defendant’s punishment, and there is no change in the sentencing grounds after the sentence of the lower judgment, the lower court’s punishment within the recommended range of the sentencing guidelines set by the Sentencing Committee, which belongs to the case where there is no change in the sentencing grounds after the sentence of the lower judgment is too heavy or unreasonable.

Therefore, we cannot accept the argument of unfair sentencing by the defendant and prosecutor.

5. As such, the appeal 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. It is so decided as per Disposition.

arrow