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(영문) 부산고등법원 (창원) 2015.09.02 2015노186
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Each of the crimes of this case recognized by the evidence of judgment, the rules of evidence, and the legal principles are as follows: (a) the victim J was injured solely on the ground that the defendant was taking a knife at the main point; (b) the victim D, the main point of the above main point, has not been passed from the two months; and (c) the victim D, the victim D, who was the victim of the above main point, neglected the defendant; (d) subsequently, the victim D, who was at the hospital due to the above assault and bodily injury, attempted to murder the victim D with the knife; (e) the victim D, who was at the hospital due to the above assault and bodily injury, attempted to murder the victim D with the knife; and (e) the victim I, who was the victim I, was injured with the above knife, such as the majority and high risk of the victim; and (e) the defendant had many records of punishment for violent crimes prior to this case, and there is an objective and neutral factor of sentencing.

On the other hand, there are more favorable factors of sentencing or objective and neutral factors of sentencing such as the defendant's confession of all of the crimes in this case, the defendant's family members want to be the defendant's wife against the defendant, the defendant's family members have deposited a considerable amount of money to the victim J which is difficult to directly agree with the victim, the remaining victims have not been sentenced to punishment more than a suspended sentence since 1995, and the result does not lead to the fatal occurrence of the defendant's attempted murder.

Such factors of sentencing as above, statutory penalty (a death penalty, life imprisonment, or imprisonment with prison labor for at least five years) and applicable sentences, sentencing cases of similar cases, Defendant’s age, character and conduct, intelligence.

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