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(영문) 대전고등법원 2016.01.08 2015노421
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The gist of the grounds for appeal is that the victim who had a long-term relationship with himself/herself requested the association with his/her own, and the victim with another male’s money cut off the balk balke of the balk vehicle, which he/she purchased by the victim with the money of his/her own, into the balk-car, and did not intend to kill the victim by such act.

Nevertheless, the court below found the defendant guilty of attempted murder on the grounds as stated in its holding. The court below erred by misapprehending the legal principles as to intentional murder.

The punishment of the court below (three years of suspended sentence to two years of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Before the judgment on the grounds for appeal by both ex officio, prior to the judgment on the grounds for appeal by the court below, the prosecutor examined "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intimidation"; "Violation of the Punishment of Violences, etc. Act (damage to property, etc., such as group, deadly weapons, etc.)" as "damage to special property"; "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 283 (1) and 366 of the Criminal Act" as "Article 284, 283 (1), and 366 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act as "Article 28 of the Criminal Act; and Article 289 (1) and 366 of the Punishment of Violences, etc. Act; and Article 2 of the Punishment of Specific Punishment Act as "damage to property" as "damage to or damage to the Act" in the indictment.

Accordingly, the judgment of the court below that sentenced a single punishment by deeming the changed subject matter and the remaining criminal facts in the judgment of the court below as concurrent crimes in the former part of Article 37 of the Criminal Code can no longer be maintained in this respect.

However, above.

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