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(영문) 부산고등법원 2016.09.08 2016노401
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment (eight years of imprisonment, confiscation) too heavy or it is unjust.

2. In full view of the factors and sentencing guidelines as indicated in the judgment of the court below, the judgment of the court below that deemed the absolute value of life, reflective personality and cruelness of the crime of this case, which is the murder of family members, the suffering and state of the victim and their bereaved family members, the victim's wife against the defendant, the primary offender, the defendant's reflectivity, age, and physical condition against the defendant as the primary sentencing factors cannot be deemed to have exceeded the reasonable limit of the court below's discretion. There were no circumstances or materials to deem that maintaining the sentencing of the court below was improper in the course of the trial of the court below's sentencing.

3. Conclusion, all appeals filed by the Defendant and the Prosecutor are dismissed.

(Article 364 (4) of the Criminal Procedure Act)

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