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(영문) 부산고등법원 (창원) 2018.01.10 2017노198

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant and Defendant and Defendant and Defendant and Defendant and Defendant and Defendant for the medical care and custody (hereinafter “Defendant”) have committed the instant crime in a state of mental and physical weakness due to early illness. As such, punishment should be mitigated.

2) The punishment sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

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

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the following, the prosecutor applied the law to the effect that the defendant committed the crime of this case in the state of mental and physical weakness, and applied for the amendment of the indictment to the effect that the defendant committed the crime of this case in the state of mental and physical weakness, and the subject of the judgment by this court was modified by the permission. The prosecutor requested the treatment and custody of the defendant at the trial of the defendant and the trial of the case of the defendant were decided to jointly deliberate upon the defendant, and the court below accepted the request for the treatment and custody of the defendant. As examined below, the judgment of the court below is no longer maintained (in addition, Article 10(2) and (1) of the Criminal Act applicable to the amendment before the amendment, and Article 10(2) and (1) of the Criminal Act applicable to the amendment after the amendment, and the defendant is unable to find employment and was under stress due to stress due to his failure to lead a normal life in Busan metropolitan area.

In mind, I thought.

Therefore, the Defendant purchased one excessive (24 cm in total length, 13 cm in length) from C located in the South-west Sea Zone B around May 14, 2017, and reconcilates the right part of the victim D (16 cm in length) who was waiting for the fraud of the things in front of the calculation unit, one time per se with the above excessive part, and reconcilates the right part of the victim who continued to go beyond the above part.