logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.07 2016노206
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant 1 did not have any intention to murder, the lower court convicted Defendant 1 of the attempted murder, which is the primary charge of the instant case.

2) The punishment sentenced by the lower court (five years of suspended sentence for three years of imprisonment, two years of observation of protection, community service work 200 hours, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Examining the reasoning of the lower judgment on the Defendant’s assertion of mistake of facts in comparison with records, the lower court is just and acceptable to have rejected the Defendant’s assertion that the Defendant did not have intention to murder for reasons as stated in its reasoning, and therefore, the Defendant’s assertion of mistake

B. As to the unjust assertion of sentencing by the Defendant and the prosecutor, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable because it is too heavy, in full view of various circumstances that serve as the conditions for sentencing as shown in the records and pleadings, including the statement in the column of “reasons for sentencing” of the lower judgment, and the sentencing guidelines of the Supreme Court sentencing committee, and thus, it is not recognized that the unfair argument of sentencing by the Defendant

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow