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(영문) 서울고등법원 2016.11.24 2016노2772
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment with prison labor for three years, five years of probation, and probation) is too unhued and unfair.

2. In full view of all the conditions of the pleadings and records, including favorable circumstances, unfavorable circumstances, etc. presented by the court below in the grounds for sentencing, including the defendant’s age, intelligence environment, victims’ relationship, motive means of crime, results of crime, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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