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(영문) 부산고등법원 2012.11.28 2012노529
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

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

2. The instant crime requires strict punishment against the Defendant, taking into account the following circumstances: (a) the Defendant murdered the victim and stolen the victim’s body and abandoned the victim’s body by suggesting the victim’s body; and (b) the Defendant did not agree with the victim’s bereaved family members up to the trial; and (c) the Defendant did not agree with the victim.

However, considering the conditions of sentencing as stated in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate and too heavy or unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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