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(영문) 부산고등법원 (창원) 2015.04.08 2014노377
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

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

2. Each of the crimes of this case recognized by evidence, evidence-based rules, and legal principles (the criminal defendant's intentional murder is also recognized) are living together with the criminal defendant in the night.

It is acknowledged that there is an unfavorable sentencing factor or objective and neutral sentencing factor, such as intrusion upon the house of the victim, knife the part of the victim in a deep sense, knife the part of the victim, and knife the knife the part of the victim, and knife the knife the knife of the crime. The knife is likely to cause a big physical or mental damage, such as knife the knife, and the knife is considered to have been caused by the knife, and the knife is serious violation of dignity.

However, unlike the judgment of the court below, the defendant recognized and seriously reflects his mistake in the trial of the case, the defendant voluntarily discontinued and did not reach the murder, the defendant did not have the same criminal records, the defendant paid 5,000,000 won at the trial of the case to the extent that he wants to take into account the favorable sentencing factors or objective and neutral factors such as the defendant's age, character and behavior, environment, means and consequence of the crime, circumstances after the crime, etc., various sentencing factors which are revealed in the trial of the case, such as the defendant's age, character and behavior, environment, and the criminal punishment for the crime of attempted murder (the death penalty, life imprisonment, imprisonment for more than five years), the sentencing cases for similar cases, and sentencing guidelines for similar cases, it is recognized that the sentence imposed by the court below is unreasonable.

Therefore, the defendant's ground of appeal is justified.

[The principal basis for the judgment of both punishment] - a majority crime -

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