logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.15 2015노2690
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court’s improper sentencing (two years of imprisonment and confiscation) is too unreasonable.

B. Prosecutor: The sentence of the lower court’s improper sentencing is too uncomfortable.

2. The crime of this case is determined based on the circumstances unfavorable to the defendant, such as the following: (a) the crime of this case was committed by the defendant who was assaulted by the victim; (b) the victim was tried to murder by a knife and brought about in his own residence; (c) the victim was not guilty of the crime; (d) the method of committing the crime was dangerous; (c) the victim was flifeing the defendant; and (d) the defendant was sentenced to a fine for the crime of assault even before the crime of this case

However, the Defendant appears to have led to the confession and rebuttal of the instant crime, and the Defendant appears to have committed the instant crime without participating in the commission of assault against the victim who has been in a dispute, and the Defendant appears to have committed the instant crime contingently without participating in the commission of assault, the fact that the instant crime was committed in an attempted crime, and that the degree of injury suffered by the victim was not much serious due to the instant crime, etc., shall be considered as favorable to the Defendant

In addition, taking into account all the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the scope of the recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee (the imprisonment from April to August 10), which applies to the instant case / [the scope of the recommended punishment] / No person who has committed murder, and no type 2 (the common motive murder) / [the scope of the recommended punishment] / [the scope of the punishment] from April to August 10 [the minimum of the recommended sentence (10 years), which falls under the basic area, non-offenders, are reduced to 1/3, and 2/3] from April to August 10 [the maximum of the recommended sentence (16 years)] is too heavy or unfair.

Therefore, the defendant and the prosecutor's argument are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and criminal litigation law is applicable.

arrow