logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.06 2017노2959
살인미수등
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. The gist of the grounds of appeal (to the extent of supplement in case of a document explaining the grounds of appeal submitted after the deadline for submitting the grounds of appeal) is examined as follows.

A. The sentence of the lower court (unfair sentencing) by Defendant (eight years of imprisonment) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

2. The Defendant tried to murder the victim with a knife prepared in advance on the following day on the ground that the victim was aware that he refused the Defendant’s demand to do part-time.

It seems that the injury suffered by the victim due to the crime of this case is not less severe, and it is likely that the victim had a considerable impact on mental health.

The defendant has not yet received a letter from the injured person until now.

The Defendant, as a crime of importing and administering the same sopphones, has traded and administered the sopphones on several occasions during the period of suspension of execution.

It is not the case where the amount of penphones sold by the defendant is many.

These points are disadvantageous to the defendant.

The defendant is confessioned against a part of the crime when it comes to the first instance.

For the victim of attempted murder, the court below deposited KRW 10 million in the court below, and made efforts to recover the damage by depositing additional KRW 10 million in the court below.

The purpose of this study was to assist in arresting other narcotics offenders by actively cooperating with the investigation of the investigation agency.

These points are favorable to the defendant.

In addition, considering the defendant's age, sex, environment, family relations, records of crimes, circumstances after crimes, and results, the sentence of the court below is appropriate.

The defendant and the prosecutor's wrongful assertion of sentencing is without merit (the defendant and the defense counsel did not have the intention to commit murder in relation to the defendant's attempted murder in a document supplementing the grounds for appeal submitted after the deadline for submitting the legitimate grounds for appeal.

One of the arguments is the argument after the deadline for submission of the reasons for appeal.

arrow