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(영문) 서울고등법원 2015.11.26 2015노2616
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

One (No. 1) seized net value shall be confiscated.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six years of imprisonment and confiscation) is too unreasonable;

2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and in the trial of the case, the prosecutor applied for the amendment of the indictment with regard to each of the changes as stated in Articles 2(1)3 of the Punishment of Violences, etc. Act, and Articles 257(1) of the Criminal Act, 264 and 257(1) of the Criminal Act, 267(1) of the Criminal Act, i.e., the defendant's name of the crime (Habitual injury). As such, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discrimination of the reasoning of the judgment below] Criminal facts and the summary of the evidence admitted by the court below are identical to the corresponding column of the judgment below, except where the "Violation of the Punishment of Violences, etc. Act (Habitual Injury)" (Habitual Injury) of the crime of the court below is deemed to be "Habitual Injury" as stated in the corresponding column of the court below. Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Articles 264, 257(1) (a), 254, and 250(1) (a), 254, and 250(1) (a) of the Criminal Act applicable to the crime (the points of attempted murder and the choice of a limited term) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for homicide heavier than punishment) among concurrent crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Five years to forty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentencing criteria; and

(a) Class 1 (Determination of Punishment) homicide, and injury of Type 2 (Special homicide) ;

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