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(영문) 부산고등법원 (창원) 2017.06.14 2017노96

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed on the ground that the defendant's demand to share part of the singing room cost was rejected by the victim, and the victim attempted to kill the victim's left chest part of the victim two times in knife, and such crime was committed very poor in the nature of the crime and the method of committing the crime, and the crime committed in violation of it was committed because the victim's demand to share part of the singing room cost.

Even if there is a need for strict punishment, the victim suffered serious injury due to the crime of this case, which is frightened by the heart, and caused serious damage to the heart that is frightened by the crime of this case, and may disappear more than 1m of the knives, and the knives might have taken more depth. In the absence of prompt treatment due to a large volume of blood transfusion, it seems that the defendant could have lost his life without prompt treatment, and that the defendant has a record of criminal punishment several times due to the violation of the Punishment of Violences, etc. Act and the crime of property damage, etc., are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case to reflect his mistake in depth, the defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner. The crime of this case is attempted to rescue the victim by saving the victim immediately after the crime of this case, such as saving the victim from the vehicle to the hospital, moving the victim from the vehicle to the hospital, and the defendant has no record of punishment exceeding the fine, 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...