(영문) 대전고등법원 2020.10.16 2020노277 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2020.10.16 2020노277

살인등

Text

Defendant

In addition, each appeal filed by the respondent for attachment order and the prosecutor shall be dismissed.

Reasons

Summary of Grounds for Appeal

A. Unreasonable sentencing: The lower court’s imprisonment with labor for not less than 16 years is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of the Defendant case is too unfilled and unreasonable. 2) The lower court’s dismissal of the request for attachment order in the case of the attachment order application is unreasonable.

2. We also examine the Defendant and the prosecutor’s assertion of unreasonable sentencing regarding the part of the Defendant’s case.

The lower court: (a) took into account the circumstances favorable to the Defendant, based on the following factors: (b) the Defendant committed the crime of murder with a knife by purchasing knife for the purpose of murdering the victim solely on the ground that the Defendant was dead, and finding the location where the victim was the victim; (c) the Defendant was punished by violence; (d) the Defendant committed a planned murder with a large history of punishment; and (e) the Defendant denied that he was planned murder; and (e) the Defendant did not seriously repent his mistake by reducing his criminal act or by transfer the cause of the crime to the victim; (e) the Defendant did not want the victim’s spouse’s punishment by mutual consent with the victim’s spouse; and (e) the Defendant did not have any criminal power exceeding the fine; (e) took into account the following factors: (g) the Defendant’s age, character and behavior, environment, motive and circumstance of the

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, there is no change in the conditions of sentencing that can be deemed unfair to maintain the sentencing of the lower court without deeming that the sentencing of the Defendant case exceeded the reasonable bounds of discretion, and there is no change in the conditions of sentencing that can be deemed unfair.

Therefore, it cannot be deemed that the sentencing of the Defendant case by the lower court is too heavy or unreasonable because it is frighten.

The defendant.

유사 판례

-대전고등법원 2019.05.24 2019노122

-대전고등법원 2020.02.07 2019노466

-대전고등법원 2019.09.27 2019노282

-대전고등법원 2020.02.12 2019노491

-서울고등법원 2020.01.16 2019노2376