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부산고등법원 (창원) 2017.04.19 2017노61

살인미수

Text

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 (one-year imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The crime of this case was committed by the Defendant on the ground that the Defendant got a driver’s car, thereby intending to murder the victim’s knife knife on the part of the victim’s knife on the ground that the Defendant got a driver’s car, and the nature and method of the crime was very poor, and the victim could have lost a knife’s life due to the crime of this case. However, even though it was attempted, the victim could have lost a knife life.

Even if there is a need for strict punishment, the Defendant did not agree with the victim and did not make any effort to recover damage, and the Defendant was sentenced to imprisonment with prison labor for a specific violent crime on October 31, 2008 and a suspended sentence of three years was revoked on July 19, 2012, and the Defendant committed a specific violent crime of this case again even after the execution of the above imprisonment was completed on July 19, 2012.

On the other hand, the fact that the defendant recognized all the crimes of this case when he was in a trial, and reflects his mistake, the defendant seems to have committed the crime of this case contingently as he was involved in a traffic accident while driving a crosswalk, and the degree of injury suffered by the victim is relatively heavy, etc. are 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 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 15년 ◈ 양형기준의 적용 [ 유형의 결정] 살인범죄 > 제 2 유형( 보통 동기 살인) [ 특별 양형 인자] 감경요소: 미필적 살인의 고의 [ 권고 형의 범위]...