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(영문) 광주고등법원 2014.11.06 2014노273

살인미수등

Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six years of imprisonment) is too unreasonable.

Judgment

Basic crimes within the scope of recommendations on the sentencing guidelines: homicide [Determination of type] - homicide (Type 2): Gross term of aggravated injury - mitigated element: In the basic area of punishment [the scope of sentence by recommendation], three years and four months to ten years [the minimum limit within the scope of sentence recommended in the basic area (the period of imprisonment between 10 years and 16 years) is to be reduced to 2/3], concurrent crimes within the scope of sentence recommended in the basic area]: embezzlement [the determination of type] below KRW 100 million (Type 1) [the special person] - Reduction element: Reduction area of punishment [the scope of sentence]; imprisonment for one month to 10 months; imprisonment for a long-term term (the maximum standard of punishment of concurrent crimes)]; imprisonment for a person with disabilities; imprisonment for a period of no more than 1/2 years to 3 years and/or 10 years to 10 years to 3 years and/or 10 years, respectively] concurrent crimes; even if any person lacks mental capacity to be determined as human beings or less than one day of a victim.

In addition, even though the defendant was sentenced to a suspended sentence of one year and six months due to the crime committed by the victim G with the pipe, which is a dangerous object, the defendant has been sentenced to a suspended sentence of one year and six months, at this time, the victim's clothes using the kitchen, which is a deadly weapon, with the intention to kill the victim, has reached the depth of the victim's clothes, and due to this, the victim has come out of the her clothes and has come up to the bed span.