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(영문) 부산고등법원 2016.04.07 2016노46
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The defendant should be held liable for such act in that the defendant tried to kill another by preparing a knife in advance as to the reasons for appeal.

However, in consideration of the fact that the victim's injury is not serious, that the defendant who is a physically disabled person of the fourth degree is greging his mistake in depth through detention for a considerable period of time, that the defendant made efforts to recover the victim's damage, that the injured person does not want the punishment of the defendant, and that the family members of the defendant are humbling the defendant's wife against the defendant, the defendant's appeal should be accepted that the defendant's punishment (a year and June, and confiscation) is too heavy.

Therefore, the judgment of the court below is reversed, and it is again decided as follows (Article 364 (6) of the Criminal Procedure Act). 2. The judgment which is again used after the reversal of the judgment below is reversed.

A. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted in the summary of crime and evidence.

B. Article 254 of the pertinent Act and Articles 250(1)1 of the Criminal Act regarding the crime subject to the statutory application of the law, and Articles 255(2) and 55(1)3 of the mitigated Criminal Act (unauthorized to imprisonment with labor with labor with labor with labor with labor with labor with labor with labor with labor with labor), Article 53 of the mitigated Criminal Act, and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Da15581, Apr. 1, 200) of the Confiscation Act

C. Prior to the reasons for sentencing, a number of conditions for sentencing (including the following sentencing guidelines) such as the history of reversal (including the following sentencing guidelines) shall be taken into account to determine the sentence as ordered.

[Determination of the type] homicide, common motive murder (Type 2) [Special Reduction Grounds] / Non-existence of Punishment, and Minor Bodily Injury [Scope of Punishment] Imprisonment with prison labor for one year and March 1, and seven years and six months (the purpose of murder is to commit so that the lower limit of the scope of punishment is reduced to 1/3, respectively. However, the lower limit of the scope of punishment should be reduced to 2/3, but the lower limit of the scope of sentence and the lower limit of the scope of sentence should be revised according to legal applicable sentences] (whether suspended sentence is suspended or not)

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