(영문) 광주고등법원 2015.01.08 2014노426 | 리걸엔진

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자간(%)

(영문) 광주고등법원 2015.01.08 2014노426

살인미수등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (three years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The sentence of the lower court on the grounds that it is unreasonable to impose an unreasonable sentence is too uneasible and unfair. 2) Taking account of the Defendant’s improper tendency to dismiss the request for an attachment order, the degree of attachment to the victim, the risk of the instant crime, etc., the Defendant

Therefore, the lower court’s dismissal of the request for the instant attachment order.

2. Determination

A. As to each of the alleged unfair sentencing claims by the Defendant and the prosecutor, the instant crime is likely to be criticized in that: (a) the Defendant and the Defendant and the prosecutor attempted to kill the victim on three occasions a knife with the left knife, which could immediately infringe on life, including the left knife, and attempted to kill another person on the sole ground that the Defendant did not comply with his/her request.

Furthermore, the circumstances after the crime are not good in that the Defendant tried to spread the width to the beauty room floor operated by the victim after laying the victim with a knife.

These points are disadvantageous to the defendant.

However, the following are the circumstances favorable to the defendant: (a) the defendant led to the confession and reflect of the crime of this case; (b) the crime of murder during the crime of this case was committed against attempted attempts; (c) the punishment of fines was imposed twice due to the crime of violence; and (d) there was no record of criminal punishment exceeding the punishment; and (c) the court below paid the victim KRW 37 million to the victim and agreed

The grounds for sentencing as above, various circumstances revealed in the arguments in this case, including the defendant's age, character and conduct, family relationship, and environment, and two years and four months to eight years of imprisonment with prison labor of the Sentencing Commission.

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