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(영문) 서울고등법원 2014.11.20 2014노2664
살인미수등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of imprisonment with prison labor (one year and six months, and confiscation) of the first instance court shall be too unreasonable;

2. In the case of a deadly weapon in this case, the crime of this case is that the defendant inflicts a wound on the victim by the kitchen knife, and the quality of such crime is not less severe;

In addition, the defendant has already been punished for drinking driving more than twice but has caused a traffic accident in the state of drinking again.

However, the defendant's attempt to commit the crime of this case and reflects his mistake; the victim wants to take the defendant's prior action by agreement with the traffic accident victims; the defendant deposits 2.7 million won for the victim of the crime of causing a deadly weapon after the judgment of the court of first instance was rendered; the defendant made efforts to recover from damage; the defendant's age, character and behavior, occupation and environment, family relationship, relationship with the victim, motive, means and consequence of the crime of this case; and the scope of the recommended sentence according to the sentencing guidelines; (1) The crime of violation of the Punishment of Violences, etc. Act (collective injury, deadly Injury, etc.) is a mitigated area (special mitigation: 1.6-6-6-6-6-6-6-2 of the Road Traffic Act; 3. The scope of the recommended punishment of the special traffic accident among the crimes of this case is a violation of the Act on Special Measures concerning the Punishment of Violences, etc. (hereinafter referred to as the "special traffic accident special sentencing guidelines"), and thus, the scope of the recommendation and sentence is the "special sentencing guidelines of traffic accident."

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