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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (15 years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The judgment of the court below is that each of the crimes of this case committed by the defendant was committed in a scamba, when the defendant scam and scambed by the victim, murdered the victim's clothes and parts of the scamba, etc. on the road, and then abandoned the body of the victim scamba, covered by the scamba, or laid the body in a scamba, and brought about a cell phone and passbook belonging to the victim, and stolen the victim's cell phone and passbook. The crime of this case was seriously poor in the nature of the crime and the method of the crime. The crime of this case was committed seriously because the victim's life cannot be altered, and the victim's bereaved family members suffered from mental shock and pain which are difficult to recover due to each of the crimes of this case. The defendant did not agree with the victim's bereaved family members, and the victim's bereaved family members were punished for the defendant.
On the other hand, the fact that the defendant was committed each of the crimes in this case, the defendant voluntarily reported to the police after committing each of the crimes in this case, the defendant was not paid wages for about four years at the victim's farm, and the defendant was driven away from the farmer's farm in winter, and the crime in this case seems to have been committed somewhat contingent and contingent, and the defendant did not have any criminal history since he was punished for 6 months by imprisonment with prison labor for night-time structure theft in around 1994. The fact that there was no criminal history that the defendant had been committed after being punished for 6 months by imprisonment with prison labor for night structure theft in around 194 is favorable to the defendant.
위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 처단형의...