(영문) 부산고등법원 2016.10.20 2016노534 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2016.10.20 2016노534

살인미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in the state of mental disorder due to his criminal act at the time of the instant crime. (2) The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. In full view of the following facts: (a) the Defendant did not have the ability to discern things or make decisions by taking into account the following factors: (b) the process, content, means, and method of the instant crime committed by the evidence duly adopted and examined by the lower court; and (c) the Defendant did not have the ability to discern things or make decisions upon the intent of the Defendant

Since it seems that the defendant was either or was in a weak state, the above assertion by the defendant is without merit.

B. In full view of the following circumstances: (a) the part on the assertion of unfair sentencing is examined; (b) several favorable circumstances favorable to the defendant, which were expressed in the proceedings of the original trial and the trial; (c) the defendant made a statement that his mistake is divided; and (d) the defendant does not want punishment against the defendant by agreement with the victim; etc.) and various unfavorable circumstances (the crime of this case committed by the defendant is committed by the defendant, under the same circumstances as the criminal facts stated in the judgment of the court below, attempted to kill the victim with knife; (d) the crime of this case is committed by the defendant; and (e) the motive, details, means, methods, and results of the crime of this case; and (e) the nature and nature of the crime of this case is very heavy in light of the victim’s name and behavior, the environment, the motive and circumstances of the crime of this case; and (e) the circumstances before and after the crime of this case.

유사 판례

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-부산지방법원 2012.11.16 2012노1924

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