살인미수
The judgment of the first instance shall be reversed.
Defendants shall be punished by imprisonment for one year and six months.
except that from the date this judgment becomes final and conclusive.
1. The sentence imposed on the Defendants of the first instance court (Defendant A: Imprisonment of one year and six months; imprisonment of one year and six months; confiscation of one year and six months) is too unreasonable.
2. The crime of this case was committed by the Defendants against Defendant A and the victim E’s female problem, and the crime was committed by threatening the victim G in knife and causing injury to the victim E, and the nature of the crime is not weak.
However, in full view of the following factors: (a) the Defendants were the time to commit the instant crime and reflect their mistakes; (b) the victims want to take the Defendant’s preference against the Defendants by mutual consent with the victims; (c) all the Defendants have no domestic criminal power; and (d) the Defendants have no other domestic criminal power; and (c) other various sentencing conditions, such as the Defendants’ age, character and conduct, motive, means and consequence of the instant crime; and (d) the level of sentencing in similar cases, including the circumstances after the commission of the crime, it is determined that the sentence of the first instance sentence, which sentenced the Defendants to imprisonment with labor for
Therefore, the defendants' arguments are justified.
3. As such, the Defendants’ appeal is with merit. Accordingly, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered following the pleadings.
[Grounds for the decision of the court] The criminal facts and summary of evidence against the defendants recognized by this court are identical to the statements in each corresponding column of the judgment of the court of first instance. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants of relevant criminal facts: Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (wholly amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Articles 283(1) and 30 of the Criminal Act; Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act; Articles 257(1) and 30 of the Criminal Act
1. Defendants among concurrent crimes: the Defendants.