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(영문) 부산고등법원 (창원) 2016.10.26 2016노277
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (three years of imprisonment and five years of suspended execution) is too unfased.

2. The crime of this case was committed on the ground that the victim, who was a part of the same Vietnam nationality, tried to kill the victim in a knife with a knife on the ground that the victim was in an internal relationship with the defendant and was not in an examination room, and that the crime of this case was committed in a planned manner, such as the nature and method of the crime is very poor, the defendant prepared a knife with a knife in advance, and the crime of this case could have lost a knife's life. The crime of this case was committed on the ground that the victim could have lost a knife, even if he did so, strict punishment is required, and the degree of injury that the victim sustained due to the crime of this case is not easy.

However, at the time of the crime of this case, the defendant is against the defendant, and at the time of the crime of this case, the victim was injured by knife in the knife knife, the victim was not punished by the victim under the agreement with the victim, the defendant seems to have been forced to leave the Republic of Korea after the judgment of conviction is confirmed as a foreigner, and the defendant has no record of criminal punishment in Korea.

위와 같은 사정들과 그 밖에 피고인의 나이, 성행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형위원회 제정 양형기준의 권고형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 15년 ◈ 양형기준의 적용 [유형의 결정] 살인범죄> 제2유형(보통 동기 살인) [특별양형인자] 감경요소: 처벌불원(피해 회복을 위한 진지한 노력 포함) [권고영역 및 권고형의 범위] 감경영역, 징역 2년 4월 ~ 8년...

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