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(영문) 광주고등법원 2014.03.27 2013노561
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (seven years of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the defendant was found to be deaf-mutes according to the evidence adopted and examined by the court below. Thus, in determining the applicable sentencing, the court below determined the applicable sentencing without mitigation under Article 11 of the Criminal Act, and determined the applicable sentencing punishment against the defendant.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “In addition to adding “the defendant’s oral statement in court and the suspect’s welfare card (Evidence No. 13)” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 11 and 55 (1) 3 of the Criminal Act for deaf-mutes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

2. Basic crimes within the scope of the recommended punishment according to the sentencing guidelines: homicide (type of crime), attempted murder, ordinary motive, attempted murder (special sponsor), planned murder, cruel murder, method of taking a cruel crime, serious injury [the scope of the recommended punishment] special aggravated area, imprisonment for not less than five years, or imprisonment for life [general mitigation factors] serious reflective crimes: homicide (type of crime], general motive murder, and attempted murder;

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