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(영문) 부산고등법원 2015.09.16 2015노311

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is very serious in that the crime of this case was committed by the knife, a knife, a knife of the victim's knife used in a usual sense on the ground that the victim admonishs the defendant, and the knife tried to murder the part of the victim's knife, and may result in a serious result of the victim's knife being hidden.

On the other hand, in light of the fact that the defendant, before the crime of this case, dices the funeral ceremony of the same kind that the defendant died in the sea while drinking alcohol, and was in the state of 0.170 through 0.174% after 2 hours after the crime of this case, he appears to have committed the crime of this case contingently under the state that he was not completely broken after the crime of this case. After the crime of this case, after the crime of this case, the driver's instructions were followed, she was laid down in a show of a show of the 119 early shock and reported the crime, etc. The court below agreed that the victim and the defendant were living in the company from around April 6, 2015, and the defendant was living in the company from around 00 to around 00 to about 0.174% of the blood alcohol concentration of the defendant, and the defendant was sentenced to the punishment of the crime of this case, and the defendant was not subject to the punishment of the defendant's life in the first place of residence and the sentencing of the defendant's life.

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