(영문) 부산고등법원 2013.12.04 2013노484 | 리걸엔진

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(영문) 부산고등법원 2013.12.04 2013노484

살인미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.

2. Each of the instant offenses is a situation unfavorable to the Defendant, such as: (a) the Defendant, using a knife knife for the main use of a deadly weapon, threatened the lessor’s victim D who is a tree with his drinking habits; and (b) had been in dispute with D and shocking; (c) attempted to murder the said victim E with the main use knife against the victim E, who is the fraud of D; (d) in light of the frequency of the crime; (e) the frequency of the crime; (e) the details of the crime; and (e) the degree of damage; and (e) the Defendant was not less likely to be subject to punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc. of Specific Crimes) on May 17, 2011; and (e) having been subject to criminal punishment for a two-year suspended sentence of imprisonment with prison labor; and (e)

However, in full view of all the sentencing conditions indicated in the arguments of this case such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the crime against the victim E was committed, the degree of damage was not much severe, the victims agreed with the victim in the trial, the victims did not want the punishment against the defendant, the defendant left the house of the victim D, there was a criminal conviction for the defendant several times, but there was no criminal conviction for the defendant, the defendant's sibling complained of the defendant's wife by getting able to help the defendant to improve drinking habits, and all of the sentencing conditions indicated in the arguments of this case such as the defendant's age, character and behavior, circumstances, motive and circumstance of the crime, means and consequence after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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