(영문) 서울고등법원 2015.05.14 2015노950 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.05.14 2015노950

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which recognized the defendant's intentional act without the intention of murdering the victim is erroneous in misconception of facts.

B. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Although the court below also argued the same contents in the judgment of the court below, the court below rejected the judgment in detail under the title "the intention of homicide" (Articles 3 through 4 of the judgment of the court below). In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is justified. Thus, this part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant committed the instant crime by applying the Defendant’s assertion on unfair sentencing to the victim and the refusal of boarding at the expense, the Defendant reported 112 immediately after the commission of the crime and voluntarily surrendered, and took active relief measures, such as reporting 119 to the victim and sending the victim to the hospital, and the Defendant did not have any criminal record of a suspended sentence or heavier punishment, etc., are favorable to the Defendant.

However, the crime of this case is a condition for sentencing unfavorable to the Defendant, such as: (a) the Defendant’s act of killing the victim by getting the victim back to the place where the victim had left on the ground that the Defendant left the place when the Defendant refused to take passengers; and (b) the nature of the crime was bad; (c) the victim suffered an injury requiring long-term treatment due to the instant case; and (d) there was no measure to recover the damage of the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, all of the sentencing conditions and the scope of the recommended sentence (two to eight years of imprisonment) indicated in the instant records, such as the circumstances after the commission of the crime, etc., the Defendant’s allegation in this part is without merit.

3. Conclusion.

유사 판례

-서울고등법원 2015.04.09 2014노3964

-부산지방법원 2019.11.07 2019노2392

-서울중앙지방법원 2014.11.06 2014고단6898

-수원지방법원 안산지원 2015.04.22 2014고단2291

-서울고등법원 2015.03.26 2014노3982