(영문) 대구고등법원 2016.06.30 2016노206 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2016.06.30 2016노206

살인미수

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. One knife (No. 1) seized shall be confiscated;

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime.

B. The punishment of the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, even though the defendant was aware of a somewhat large amount of alcohol at the time of committing the crime, the defendant made a statement in detail about the background and means of the crime, the behavior of the defendant before and after the crime, the situation at the time of the crime, and the defendant voluntarily made a statement that he did not take place but did not take place (Evidence Record 266 pages).

Therefore, this part of the defendant's assertion is rejected.

B. As to the unlawful assertion of sentencing, the crime of this case was committed on the ground that the Defendant had a knife while singing and had the victim sing, and had the victim singing. As a result, the victim saw the part of the complaint damaged by suffering a large wound in the warden, etc., and carried out a connection operation after cutting the part of the complaint damaged by the warden, etc., and was on the part of the patient room to the extent that the victim should have to have an artificial smoking machine installed in the middle patient room.

The knife side flife flife flife flife flife flife flife flife flife flife flife flife,

On the other hand, the defendant denied the intention of murder in the court below, but is against the intention to commit the crime in the trial and the mistake.

In the court below, 7 million won for medical expenses of the victim was paid in lieu of the victim, and 20 million won was paid in the amount agreed to by the victim in the court of the party, and currently the victim did not want the punishment of the defendant.

A defendant shall not have any record of any other crime except for a punishment imposed on a minor fine in 1987.

so far.

유사 판례

-서울남부지방법원 2016.07.01 2016노770

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-부산지방법원 2016.06.03 2016노1183

-서울중앙지방법원 2016.09.29 2016노2474

-서울남부지방법원 2016.06.10 2015노1798