(영문) 서울고등법원 2019.01.18 2018노2628 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.01.18 2018노2628

살인미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the lower court is too uneasible and unfair.

2. The lower court determined a punishment against the Defendant by taking account of the following: (a) the Defendant: (b) under unfavorable circumstances; (c) the Defendant tried to kill the victim with a knife several times; (d) the Defendant attempted to murder the victim with a knife; and (e) the nature of the crime is not weak in light of the method and consequence of the crime; (b) the victim, face, neck, etc. was performed in depth with an injury; and (c) the circumstances and degree of the injury, etc. of the instant crime; and (d) the victim clearly suffers from serious fear and physical suffering; (d) the Defendant did not take any particular measures to recover from the damage; (e) the Defendant did not receive a knife; (b) the Defendant did not receive a knife; and (e) the Defendant did not have any force to obtain criminal punishment exceeding a fine.

The sentencing of the lower court seems to have been conducted within the reasonable scope in consideration of the aforementioned various circumstances.

In light of the circumstances alleged by the Defendant and the prosecutor as grounds for unreasonable sentencing, the lower court’s sentencing is too heavy or unreasonable, even when considering the fact that the Defendant and the prosecutor had already been fully considered in the process of determining the punishment, and the victim received approximately KRW 4.2 million from the Incheon District Prosecutor’s Economic Support Deliberation Committee for Crime Victims of the District Prosecutors’ Office as medical expenses, etc.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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