살인미수등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
except that this judgment.
1. Summary of grounds for appeal;
A. The lower court’s sentence against Defendant B of the Prosecutor (a fine of two million won) is too unhued and unreasonable.
B. The lower court’s imprisonment (five years of imprisonment) against Defendant A is too unreasonable.
2. Determination:
A. Defendant B, on January 18, 2013, sentenced 6 months to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on the grounds of a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on January 18, 2013, and sentenced 2 years of suspension of execution on January 26, 2013, and the judgment became final and conclusive on January 26, 2013, Defendant B was indicted on charges of assaulting A on July 18, 2013, and was subject to a disposition of non-prosecution as a penalty surcharge as a penalty surcharge. Defendant B was issued a summary order of KRW 500,000 from the Busan District Court on August 5, 2013. Defendant B again committed the instant crime during the suspension of execution, and Defendant B was punished for the Defendant’s punishment.
On the other hand, Defendant B, including Defendant B’s recognition of all the instant crimes and reflection of his mistake, the degree of injury suffered by the victim, the victim’s attempted to murder Defendant B for the purpose of returning to the instant crime and attempted to murder Defendant B, has already suffered significant damage due to his criminal act. Accordingly, Defendant B is difficult to criticize only Defendant B because it did not reach an agreement with the victim. Defendant B has a 6th degree disability of left arms and is living as a recipient of basic living conditions, and other various sentencing conditions such as Defendant B’s age, character and behavior, environment, health conditions, motive and means of the instant crime, and the circumstances after the crime, etc. are considered to be unreasonable.
Therefore, the prosecutor's argument of unfair sentencing is without merit.
B. The defendant A’s inappropriate sentencing.