살인미수등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment of Defendant 1 and the second instance court (the first instance court: imprisonment with prison labor for 3 years and 6 months, and the second instance court: the fine of 3 million won) is too unreasonable.
B. The first instance court’s sentence against the Defendant of the Prosecutor (the first instance court on the first instance court) is too unhued and unreasonable.
2. The judgment of the first instance court was sentenced to imprisonment with prison labor and the second instance court was sentenced to a fine, and the arguments of each appeal case against the first and second lower judgment were joined in the appellate court. However, the arguments of the appellate court were combined in the appellate court in case of a different type of punishment, such as imprisonment with prison labor and a fine, if each of
Even though the appellate court can maintain each type of punishment sentenced by the court below, and it does not necessarily require a single kind of punishment.
(Article 38(1) of the Criminal Act is not applicable to the crime of Article 38(1) of the Criminal Act as to the crime of Article 37 of the Criminal Act, which only the defendant appealed, even though the crime of Article 37 of the Criminal Act concurrently commits the crime of Article 37 of the Criminal Act, insofar as the judgment of the second instance court selects the punishment of a fine among imprisonment and fines, which are the statutory penalty, and sentenced to a fine. Therefore, the judgment of the court below on each of the appeals of this case as to each of the
The Defendant tried to kill and attempted to kill the victim by sculing the victim’s face while suffering conflict with the victim who is a usual son, and by sculing the victim’s head (40 cm in total length).
In light of the relationship between the defendant and the victim, the motive and method of the crime, the contents and the risk of the crime, etc., the nature of the crime is very poor.
The degree of injury suffered by the victim is not less severe, and the mental and physical suffering of the victim seems to be considerably high.
The defendant was unable to receive a letter from the victim, and the victim was punished strongly against the defendant.