(영문) 광주고등법원 2017.03.30 2016노521 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2017.03.30 2016노521

살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. There is no change in the sentencing conditions compared to the lower court’s determination on the unfair argument of both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, the grounds for sentencing asserted by the Defendant and the person who requested an attachment order (hereinafter “Defendant”) and the prosecutor are deemed to have been sufficiently taken into account in determining the sentence, and there is no particular change in the sentencing conditions compared to the lower court’s determination, since new sentencing materials were not submitted to the lower court.

In addition, in full view of the various sentencing factors that the court below properly decided, including the fact that the defendant had already been punished for rape, and the defendant committed the crime of this case even though he had been punished for repeated crime due to robbery during the period of repeated crime, and on the other hand, the defendant appears to have an attitude to recognize and reflect all the crimes of this case, it cannot be said that the punishment of the court below against the defendant is too heavy or unbold and beyond the reasonable scope of discretion.

The Defendant and the prosecutor’s assertion that the lower court’s punishment is unreasonable are all rejected.

2. The lower court acknowledged the following circumstances by comprehensively taking account of the adopted evidence, and ordered the Defendant to attach an electronic tracking device for a period of 20 years, deeming that the risk of recommitting murdering is recognized based on such circumstances.

According to the evidence duly admitted and examined by the court below, the judgment of the court below is justified.

The defendant's assertion disputing this is not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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