(영문) 부산고등법원 2015.01.21 2014노470 | 리걸엔진

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(영문) 부산고등법원 2015.01.21 2014노470

살인미수등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal and the person against whom the attachment order is requested (hereinafter referred to as the “defendants”) are too unreasonable as the sentence of the lower court (the first instance judgment: imprisonment with prison labor for 7 years and the second instance judgment: the fine of 3 million won) is too unreasonable.

2. Determination on the part of the defendant's case

A. In the case of the judgment of the court of first instance, the fact that the defendant recognized all the crimes and reflects the mistake thereof in depth, the defendant appears to have committed each of the crimes of this case by contingency while drinking alcohol, and the fact that each of the crimes of this case was committed with multiple attempted crimes is favorable to the defendant.

However, each of the crimes of this case is highly poor in the nature of each of the crimes of this case because the defendant tried to kill the body of the victim E with a knife, which is a deadly weapon, and the victim G was put into the sea from about 3 meters long since it was somewhat minor that the defendant was sniffed and tried to kill the victim G with an attempted crime. In light of the circumstances of the crime, the method of the crime and the content of the damage, etc., the crime is very poor. As such, the defendant repeats a very dangerous act that the defendant tried to harm another person's life for a minor reason that it is difficult to understand, such as denying the intention of murder at the court below, and the attitude after the crime is very poor. The victims did not agree with the victims so far, and the victims want the defendant's severe punishment, the defendant's age, character and behavior, environment, motive and consequence of the crime, and all of the circumstances after the crime, etc., the sentencing guidelines of the court below cannot be considered to be unfair compared with the sentencing guidelines of the defendant.

Therefore, this part of the defendant's argument is without merit.

B. In the case of the second instance judgment, the Defendant’s attempted larceny at night around 2003 and attempted special larceny around 2007.

유사 판례

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