(영문) 서울고등법원 2018.03.22 2017노3271 | 리걸엔진

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(영문) 서울고등법원 2018.03.22 2017노3271

살인미수

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too uncomfortable.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the fact that the defendant's head was lowered due to the softener's main disease, and the part of the elbane part of the victim's two sides side and back by the softener's main disease was taken once again, and that the defendant's attempted to kill the victim by misunderstanding that the victim was dead, and that the defendant is guilty of the death of the victim, and the crime is very poor in the nature of the crime and method of the crime, and the degree of injury inflicted on the victim's life and body, and that the defendant has been sentenced to a fine and a suspended execution due to violent crimes, etc.

However, the fact that the defendant reflects the crime of this case and does not repeat the crime of this case, that the crime of this case is committed against the attempted crime, that the defendant agrees with the victim and the victim wants to take the defendant's wife. The victim is currently released after hospitalized treatment for two weeks, and it does not interfere with daily life at present, and there is no record of criminal punishment exceeding the same criminal record or suspended execution.

As above, comprehensively taking account of the following: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means, and consequence of the crime; (b) the circumstances after the crime; and (c) the scope of the recommended sentencing guidelines; and (d) the sentencing conditions indicated in the previous theories, such as the sentencing guidelines, which are disadvantageous or favorable to the Defendant, the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, each of the defendant and the prosecutor's argument of sentencing is without merit.

3. Conclusion, the defendant and the prosecutor.

유사 판례

-서울고등법원 2017.09.15 2017노1943

-서울고등법원 2018.07.06 2018노447

-서울고등법원 2016.04.01 2016노137

-부산고등법원 2017.10.26 2017노471

-부산고등법원 (창원) 2017.07.19 2017노136