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(영문) 부산고등법원 2015.10.21 2015노403

살인

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor (eight years, etc.) imposed by the court below 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 judgment of the court below is that the defendant led to the confession of the crime of this case and reflected in the confession, and that the defendant committed the crime of this case in a timely and contingent manner by setting the knife of the knife in the behavior to display the knife to the defendant first, and that the defendant has no criminal records in the Republic of Korea, etc. are favorable to the defendant.

On the other hand, the crime of this case is committed by the defendant's attempt to kill the victim by breaking the knife of the victim's knife of knife the knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Considering such circumstances and other various conditions of sentencing as stipulated in Article 51 of the Criminal Act, and sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it does not seem that the sentence of the court below is too heavy or unobcied, thereby exceeding the discretion of sentencing.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.