logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.12.14 2017노498
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment (a prison term of three years, a stay of execution of four years, a community service work and confiscation of 120 hours) imposed by the court below is deemed to be too uneasy and unfair.

Judgment

Examining the various sentencing conditions of this case, while considering the fact that the crime of this case was committed by the defendant's hand and the defendant's work site was neglected by being pointed out that the victim's life was not normal work from the person who was responsible for the defendant's work, the victim's body fights, and returned to the house after the victim's contact with the victim "after the end," the victim returned to the house, and tried to murder the victim's left part of the victim's body by using the knife knife only once, but the crime is committed so bad and bad in light of the circumstance of the crime, method, degree of the victim's injury, relationship between the defendant and the victim, which would have been disadvantageous to the defendant, human life, which could not be altered in this world, and the result of the crime of this case's life may have been seriously lost by the victim's knife and the victim's knife's knife's body may be punished.

On the other hand, the fact that the defendant was aware of and against the crime of this case, that the victim did not want the punishment of the defendant in agreement with the victim, that the victim appears in the aspect of inducing the crime of this case, that the defendant was the first offender who has no criminal record, and that the social relationship is obvious, etc. are favorable to the defendant.

As above, the defendant is disadvantageous or favorable to the defendant.

arrow