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(영문) 부산고등법원(창원) 2020.10.14 2020노120

살인미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of the instant crime, and was in the state of mental disorder or mental and physical disability. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In the judgment of the court below, the prosecutor tried to kill the victim at a speed of 100 km or more per hour in the facts charged of this case, and the victim's death if the victim fell on the road floor or shocked with other vehicles in the course of sailing without a stop, despite sufficiently predicted that the victim might die, the part of the facts charged of this case's judgment "I do not bring about about 5 km away from the road floor so that the victim might fall on the road floor, and attempted to kill the victim as it is at a speed of about 100 km or more per hour, but failed to carry out the purpose, and the part of the judgment below's decision that "I tried to kill the victim at a speed of 100 km or more per hour," and "I would like to get the victim to get off the vehicle at a speed of 100 km or to change the vehicle at a speed other than that of the victim's death or to change the vehicle at a speed of 5 km or by other means."