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(영문) 부산고등법원 2014.10.01 2014노438
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (two years and six months of imprisonment, four years of suspended execution, probation, social service hours, confiscation) is too uneased and unreasonable;

2. Each of the instant crimes committed by the Defendant is a normal situation unfavorable to the Defendant, such as: (a) the victim E, who was posted a victim D with a knife with a knife, a deadly weapon while the Defendant was living together with the victim D; (b) the victim E, attempted to knife the shoulder, etc. of the victim D; (c) the victim D attempted to kill the knife; but (d) the case was flife with the wind resisted by the victim D.

However, it is not recognized that the court below's punishment is unfair because it is too unreasonable in full view of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime of this case, and recommended sentencing guidelines by the Sentencing committee, in light of the following: (a) the defendant's mistake is closed and reflected in the defendant's mistake; (b) the defendant's victim D, who is a female living together with the victim under drinking alcohol, seems to have committed each crime of this case; (c) the crime of this case was committed with the victim D; (d) the victim E was not committed; (d) the victim's injury is minor; (e) the victim was committed by mutual consent with the victim; (e) the victim was the victim; (e) the defendant has no criminal power; (e) there is sufficient possibility of edification and improvement as the first citizen of the age of 22; and (e) other various sentencing conditions such as the defendant's age, character and behavior, circumstances after the crime of this case; and (e) the recommended balancing by

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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