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(영문) 부산고등법원 (창원) 2015.04.01 2015노26

살인미수등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

The request for the attachment order of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (one year of imprisonment) is too unreasonable for the defendant and the person who requested to attach an attachment order (hereinafter “the defendant”).

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

2. The judgment of the defendant recognized the crime of this case and against it, and the crime of this case appears to have been somewhat contingent in the state of drunk (not judged as a legally significant mental disorder) and recognized the sentencing factors or objective and neutral sentencing factors favorable to the defendant.

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles, is committed by the defendant, and the defendant tried to kill the victim due to knife and drinking water, etc. after the end of the trial with the victim D and the alcohol value. In the case of the victim, any error is found in that the victim properly demanded the defendant to drink alcohol, etc. at the restaurant operated by him.

However, considering the motive and background of the crime, the method of the crime, etc., the nature and circumstances of the crime, as well as the possibility of criticism, and the defendant did not take measures such as aiding and abetting the victim, etc. immediately after the crime of murder, the victim suffered serious injury that was at the scene of the crime by driving away the victim, etc., and the victim was unable to live in a normal state due to the crime of murder of this case, including the victim's attempted murder of this case where the victim suffered serious injury by leaving the victim in a mixed state for a day (it seems that even if it was not completely cured even if it was not completely cured) and the victim was unable to live in a normal life).