logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
부산고등법원 2016.01.13 2015노569
강도살인미수등
Text

Defendant

All appeals by prosecutors are dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant is too unreasonable (i.e., imprisonment with prison labor for each of the crimes listed in the judgment of the lower court No. 1 to 25, six months, and ② imprisonment with prison labor for each of the remaining crimes listed in the judgment of the lower court, etc.).

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant made a judgment on the grounds of appeal in the first instance, and all of the crimes of this case were led to the confession of all of the crimes of this case, and the degree of the injured party’s bodily injury resulting from the crime of confinement in this case is relatively not much serious, and the Defendant has no criminal record of imprisonment.

On the other hand, each of the crimes of this case committed the crime of this case by inducing the victim on the doping that the defendant would be urged to repay the debt amounting to KRW 56 million from the victim continuously, thereby inducing the victim to drink the water surface, and then murdering the victim by avoiding carbon, etc. inside the vehicle of the victim, but the victim attempted to do so, but the victim was unfasible with the winding of the above vehicle for about 12 hours, and caused the victim's head by unfasing the victim's head at the above vehicle for about 12 hours. On the other hand, the above vehicle was driven without the driver's license of this case more than 46,40,00 won by deceiving the victim. In light of the purpose and motive of the crime, the method and content of the crime, the result and scale of the crime, and the circumstances after the crime, etc., the crime of this case is very serious, and it is likely that the defendant might be subject to considerable injury or mental injury to the victim due to the crime of this case.