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(영문) 서울고등법원 2015.11.19 2015노2188
살인미수등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. The summary of the grounds for appeal: With respect to the dismissal of an application for an order to attach an unreasonable sentencing, the appellate brief was not stated in the grounds for appeal, and the prosecutor clearly stated that this part is not subject to appeal on the first date for pleading of the appellate trial.

Defendant

The sentence of the lower court (one year of imprisonment) against the person subject to the request for an attachment order (hereinafter referred to as “Defendant”) is too unfasible and unreasonable.

2. Determination

A. The lower court: (a) deemed that the crime of the instant case committed by the Defendant was inferior, the victims were not recovered, and the victims were punished against the Defendant; and (b) determined a sentence against the Defendant on the favorable grounds of favorable circumstances, including the fact that the Defendant led to confession, reflects, and is relatively minor; and (c) there were extenuating circumstances to take into account the motive of the instant crime.

B. However, in light of the following, the lower court’s punishment seems to be too unjustifiable and unfair.

First, the court below deemed that the victims were committed the crime of this case at the wind to prevent them from entering the Defendant’s monthly accident, and that there were circumstances to consider the motive thereof.

However, the reason why the victims replaced the locks to the defendant's monthly rent is that the defendant did not pay monthly rent and public charges, and therefore, the defendant is also responsible for a certain portion.

Second, in the trial, the following circumstances can be revealed as a result of verifying the screen image of the "booming", which was taken when the defendant was not in a house of the victims.

In other words, the defendant, after the victims' self-determination, has been faced with oil generated in advance with the victim's house.

If a citizen, who had been friendly, did not find the way, shoulder the victims, and try to extinguish, the victims made a clear statement that would result in a harsh consequence by cutting his/her life on the roads.

Nevertheless, the defendant is the victims.

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