(영문) 부산고등법원 2015.10.08 2015노376 | 리걸엔진

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(영문) 부산고등법원 2015.10.08 2015노376

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a 3 years of imprisonment, 5 years of suspended sentence, 1 probation, 1 knife (Evidence No. 1)) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the following: while the defendant, a ship of Chinese nationality, together with the victim, who is the ship of this case, is drinking alcohol, he tried to kill the victim with knife with knife and tried to kill the victim; the crime is serious in nature; the defendant's criminal act may lead to the life of the victim; however, the damage recovery is not entirely attributable to the defendant.

On the other hand, however, there is controversy over the difference between China and Korea by recognizing all of the defendants as committing a crime in the trial, drinking, drinking, and drinking.

There are many circumstances favorable to the defendant, such as the following: (a) the commission of contingent crimes; (b) the commission of the crime was committed; (c) the commission of the crime was committed; (d) the commission of the victim immediately after the crime in this case was committed; (d) the victim was in an emergency room; (e) the victim was committing a crime due to the nature of the defendant's even though it was committed; (e) the defendant was the first offender; and (e) the parent should support the child in China.

As above, comprehensively taking account of the circumstances unfavorable to, or favorable to, the defendant, and the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and family relation, all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence imposed by the court below within the scope of the recommended punishment set in the sentencing guidelines (two to four to eight years in imprisonment) is recognized as within the scope of

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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