beta
(영문) 서울고등법원 2013.12.27 2013노3383

살인미수

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

A knife knife knife f.

Reasons

1. The court below, within the scope of the judgment of this court, sentenced the judgment of conviction on the part of the defendant's case and the prosecutor's request on the part of the attachment order case to dismiss the prosecutor's request on it. Since only the defendant appealeds the part of the attachment order case, there is no benefit in appeal (see, e.g., Supreme Court Decision 82Do2823, 82Ga611, Jan. 18, 1983) (see, e., Supreme Court Decision 82Do2823, 82Do611, Jan.

2. The summary of the grounds for appeal (five years of imprisonment, confiscation) imposed by the lower court on the Defendant is too unreasonable.

3. Determination

A. The crime of this case is committed in light of the motive of the crime, the method of the crime, and the degree and degree of the injury inflicted on the victim as a result of the attempted crime, in which the defendant prepared the knife knife knife in advance and tried to kill the victim three times through the knife knife knife of the victim, and tried to kill the victim, and the crime of this case is committed in relation to the attempted crime. Nevertheless, the crime is committed with very poor, and the crime is committed with the victim, which is committed with an interestful contingently, and is not a planned crime.

B. On the other hand, in full view of the following factors: (a) the Defendant confessions most of the instant crimes, surrenders himself to the investigative agency after the instant crimes, (b) the Defendant was punished for a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act on around 192, and there is no particular criminal records prior to the instant crimes; and (c) the Defendant did not want to be punished against the Defendant by mutual consent with the victim during the trial period; and (d) other factors such as the Defendant’s age, character and conduct, circumstances leading to the instant crimes, circumstances after the instant crimes, and all other factors of sentencing revealed in