(영문) 서울고등법원 2018.03.15 2017노3825 | 리걸엔진

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(영문) 서울고등법원 2018.03.15 2017노3825

존속살해미수

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) against the Defendant is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is committed by the Defendant in light of the following: (a) the Defendant attempted to kill the victim, who is a kitchen mother, in the kitchen knife; and (b) the degree of injury inflicted on the victim, etc., there is a risk that the victim may lose his/her life.

However, there are favorable circumstances for the defendant, such as the fact that the defendant committed the crime of this case in a state of mental and physical weakness due to mental illness, such as early illness, the crime of murder itself committed an attempted murder, the victim discharged after being hospitalized for two weeks, and there is no big inconvenience in living at present, the victim is seeking the wife of the defendant, and the defendant has no particular criminal history except for the suspension of indictment due to intrusion upon residence.

In addition, considering the following factors: (a) the Defendant’s age, sex, environment, family relationship, health status, motive, background, means and consequence of the crime; and (b) the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, including the following factors: (a) the sentence imposed by the court below is within the appropriate scope of the Defendant’s punishment in accordance with the Defendant’s liability; and (b) the sentence imposed by the court below is acceptable in light of the following factors: (c) the Defendant’s age, sex, family relationship, health status, motive and circumstance of the crime; (d) the means and consequence after the crime; and (e) there are no special circumstances

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. As such, the Prosecutor’s appeal of this case is examined.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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