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(영문) 부산고등법원 (창원) 2017.01.04 2016노378
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (three years of imprisonment, four years of suspended execution, etc.) is too unhued and unfair.

2. The crime of this case committed each of the following facts: (a) each of the crimes of this case was committed by the Defendant with a wooden steel mons, a dangerous object; (b) the Defendant inflicted an injury upon the victim’s back water; and (c) the victim’s clothes, which the victim was suffering from treatment, were found in the hospital where the victim was suffering from treatment; and (d) the victim’s attempted to murder with a fishing knife, a lethal weapon; and (e) the nature of the crime and the method of committing the crime was very poor; and (e) the victim could have lost the victim’s valuable life due to the attempted murder of this case. However, even though

Even if strict punishment is required, the circumstances are disadvantageous to the defendant.

Meanwhile, the Defendant’s recognition of each of the crimes of this case as substitute for each of the crimes of this case is against the Defendant, and the Defendant agreed with the lower court and agreed with the victim that the victim again wants to take the Defendant’s front position in the trial following the lower court. The victim has returned to normal life after completing medical treatment and has no special aftermathy, and the victim seems to have some aspects of inducing each of the crimes of this case, and there seems to be somewhat some aspects of inducing the Defendant to commit each of the crimes of this case. The Defendant did not have any history of criminal punishment in excess of the suspended sentence, and there was no history of criminal punishment for 20 years prior to

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 처단형의 범위: 징역 2년 6월 ~ 22년 6월 ◈ 양형기준의 적용 살인 미수죄 [ 유형의 결정] 살인범죄 > 제 2 유형( 보통 동기 살인) [ 특별 양형 인자] 감경요소: 처벌 불원( 피해 회복을 위한 진지한 노력 포함) [ 권고 형의 범위] 감경영역, 징역 2년 4월...

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