logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.05.15 2014노732
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in two years and six months of imprisonment) is too unhued and unreasonable;

2. The judgment of the defendant attempted to kill the victim with a deadly weapon, and the fact that the crime was not committed due to considerable serious injury to the victim is a condition for sentencing disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant divided his mistake; (b) the Defendant did not have any criminal records other than sentenced to a minor fine; (c) the Defendant did not want the punishment of the Defendant by mutual consent with the victim; and (d) the instant crime was committed against the victim who caused disturbance by finding the Defendant’s residence; and (c) there are circumstances that may be somewhat considered in the motive of the crime in terms of having caused economic damage and frequent disputes with the victim; and (d) other circumstances, such as the Defendant’s age, character and conduct, intelligence, environment, and conditions after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow