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(영문) 부산고등법원 2018.07.25 2018노321
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and his defense counsel withdrawn the assertion of mistake as stated in the Reasons for Appeal.

Sentencing: The punishment of the lower court (three years of imprisonment) is too unreasonable.

B. The prosecutor’s improper sentencing: the lower court’s sentence is too uneasible and unreasonable.

2. The instant crime was committed on the ground that the victim did not participate in the process of redevelopment on the ground that he or she neglected his or her will and failed to take the redevelopment procedure, and among many people, attempted to kill the victim in a knife on several occasions, and it is not good that the crime is committed in light of the risk, method, situation at the time of committing the crime, etc.

Although the victim had committed an attempted crime on the very extreme resistance, the victim, who was not predicted to commit the crime, seems to have suffered considerable physical and mental pain due to the crime in this case.

Unless there are very exceptional and extenuating circumstances, permitting the suspension of execution on the grounds that a person who intends to avoid one of the most serious crimes that can be presented in a life-sustaining country, such as murder, intended to refrain from punishing the victim, is not inconsistent with the sentiment of universal punishment of society, but rather disregards the social justice of the rule of law.

In light of these circumstances, even if the circumstances favorable to the defendant are sufficiently taken into account, the sentence of punishment to the defendant is inevitable. However, the defendant acknowledges the crime of this case and repents his mistake.

In the process of setting up the amount of compensation that is not consistent with the reality, chemicalization seems to have committed a contingent crime.

The crime was committed in attempted crimes, and the degree of injury suffered by the victim is not very serious.

In the first instance, the injured party does not want to be punished by the defendant in agreement with the injured party.

In addition to punishment for a violation of the Road Traffic Act, the defendant is punished once.

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