logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.03.27 2020노56
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seized knife (No. 1 and 2) shall be confiscated.

Reasons

Summary of Grounds for Appeal

A. The sentence (three years of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device for the ten-year period is unreasonable, since there is no risk that the Defendant would recommit murder in the future.

Judgment

A. The crime of this case on the assertion of unfair sentencing is not very good for the defendant to murder the victim who was in a state of secret guard on the ground that the victim would speak, and the crime of this case is attempted to murder with knife with knife, and its nature and criminality is very good.

The victim seems to have suffered considerable physical and mental pain.

These points are disadvantageous to the defendant.

However, from the court below to the court below, the defendant recognized the objective facts of the crime of this case itself and took an attitude against them. In the past, the intention of the crime of this case is no longer disputed, and his mistake is divided in depth.

After the crime of this case was committed, the Defendant first reported 119, which led the victim to take relief measures, and acknowledged the fact that the police voluntarily appeared and knife the victim.

The Defendant appears to have committed the instant crime somewhat contingently.

I think that the victim was present as a witness in the trial of the political party and "I think that the defendant might lose his wife's witness and his father by interesting in the drinking town, I have committed the crime at the fear of fear.

A witness has not been able to get more time to close the accused and have no base.

On the day of the instant case, the witness thought that if he did not stimulate the Defendant, he would have been knicked by the Defendant, the Defendant would not have been knicked by the knife.

At the trial date of the court below, the defendant was punished, but the defendant was the defendant.

arrow