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(영문) 창원지방법원 2015.05.07 2015노641

살인예비

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged in the following cases: (a) the Defendant and other accomplices conspired to commit assault from the counter violent organizations; and (b) the Defendant and other accomplices conspired to commit murder; (c) there is no good quality to commit the crime of human life; and (d) the Defendant has been sentenced to suspended sentence of imprisonment due to violence, etc.

However, considering the following facts: (a) the Defendant recognized his mistake when he was in the trial; (b) the victims did not want the punishment of the Defendant in consultation with the victims in the trial; (c) the purpose of murder is dolusent; (d) equity in the punishment with accomplices who have contributed to the direct commission of the crime; (e) the Defendant did not act as the head of Si/Gun/Gu; and (e) the Defendant did not act as the head of Si/Gun/Gu in the “Xm”; (b) detention over eight months; (c) the Defendant was detained for a short time; and (d) appears to have been able to liquidate the current organization of the Defendant and to lead a new life with his family members; and (e) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the punishment sentenced by the lower court is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[C] Criminal facts and the summary of the evidence admitted by the court and the summary of the facts charged and the summary of the evidence are added to "1. The defendant's oral statement" in addition to the first main column of the evidence in the judgment of the court below.