(영문) 서울고등법원 2016.10.27 2016노2423 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.10.27 2016노2423

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the charge by misunderstanding the fact, although the Defendant did not have any intention to murder.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this part, and the court below rejected the above argument in detail under the title "the judgment on the argument of the defendant and his defense counsel". In light of the fact that the kitchen knife with the kitchen knife with the length of 20cm up to the length of knife and the part of the victim's knife and the part of the victim's simple damage, it can be sufficiently recognized that the defendant had failed to commit murder.

The judgment of the court below which found the defendant guilty of attempted murder is just, and the defendant's assertion of mistake is without merit.

B. The lower court rendered a minor sentence than the lower limit of the recommended sentencing guidelines in consideration of the circumstances favorable to the Defendant, including (1) the Defendant committed the instant crime at the end of the minor dispute, (2) the Defendant did not make efforts to recover the victim’s damage, and (3) the Defendant committed the instant crime contingently with the victim, and (4) the Defendant appears to have no conclusive intent to kill the victim, and (3) the Defendant appears to have no conclusive intention to kill the victim.

Such judgment of the court below is deemed to have been made within the scope of reasonable sentencing discretion by comprehensively taking into account all the conditions of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime. The court below did not have presented any change in circumstances that could correct such judgment

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