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(영문) 부산고등법원 2016.09.28 2016노457
살인미수등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

excessive one manu (e.g., increase) seized.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”), is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.

2) It is unreasonable for the lower court to dismiss the request for attachment order even if the Defendant’s rejection of the request for attachment order is found to pose a risk of recidivism.

2. Determination

A. As to the allegation of unfair sentencing by the Defendant and the prosecutor, the crime of this case was committed by the Defendant prepared in advance the adult hall operated by the victim D by preparing the knife for the crime of this case, and found the victim D and I to murder with knife the victim D and I to do so, and the Defendant has deep knife the knife part of the victim I to stop the crime, followed the victim D, and the escape knife knife is followed by the victim D, and knife the knife part of the knife that requires approximately 6 weeks of treatment to the victim D for about 4 weeks, causing serious injury to the right side of the knife or the part of the knife that requires approximately 4 weeks of treatment to the victim I, and even though the victim D suffered considerable mental and physical pain due to the crime of this case, it did not reach an agreement with the above victim, etc.

However, all of the crimes of this case are recognized by the defendant and against his mistake, all of the crimes are committed with the victim I, the victim does not want the punishment of the defendant, the defendant deposited KRW 25 million for the victim D, and the defendant has no specific record of the crime other than a long-term fine, and there are other circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc. under Article 51 of the Criminal Act.

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