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(영문) 부산고등법원 (창원) 2015.07.22 2015노177
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment for a period of four years) sentenced by the lower court is too unfased and unreasonable.

2. The judgment of the court below (as stated in detail in the fourth and fifth pages of the judgment of the court below) is justifiable in light of the statutory penalty (a death penalty, imprisonment for life, or imprisonment for not less than five years) of the crime of attempted murder of this case (the elements of a crime, and evidence of facts charged according to the law, evidence, and evidence of facts charged), the applicable sentencing guidelines, and other sentencing cases, and it is not easy to reverse even if the additional sentencing materials added in the trial of the court are added.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the "2008" under Chapter 4 of the judgment of the court below shall be corrected to "2009".

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