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(영문) 부산고등법원 2015.12.02 2015노547

살인미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (four years of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case is committed by the defendant while the defendant was in a dispute with the victim, and tried to murder the victim's clothes with knife and attempted to murder the victim's knife. The method of the crime is very dangerous and the victim's knife may result in a serious result of the loss of the victim's hiding. Thus, the crime of this case is poor, the victim suffered serious injury due to the crime of this case, and the defendant did not pay any damage to the victim. However, there are unfavorable circumstances to the defendant. However, considering the circumstances favorable to the defendant, such as the crime of this case is attempted to commit the crime of this case, and there is no record of criminal punishment in Korea, it does not seem that the sentence of the court below against the defendant is heavy or flick, and the sentencing guidelines of the Sentencing Committee of the Supreme Court are taken into account.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in light of the victim's statement [the victim's statement (the victim refers to 2/3 points in her mother and her mother and the victim's length)] on the 44th day of the evidence record (the victim's statement at this time is about 9cm) of the 5th day length of the judgment below's criminal facts, it is clear that the whole length is about 9cm's wrong statement, and it is correct ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure].