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(영문) 부산고등법원 2015.09.16 2015노396
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions by using intimidation of the victim.

B. The sentence of the lower court’s sentencing (five years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the record, the defendant and the victim immediately before the crime of this case were found to have been in a trial as to the payment of electric charges, but in light of the circumstances leading to the crime of this case, the method and method thereof, and the circumstances after the crime of this case, etc., the defendant did not have the ability to discern things or make a decision by fear due to intimidation of the victim at the time of the crime

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. In light of the following circumstances: (a) the Defendant brought about the instant crime in which he/she was dissatisfied with the victim’s assertion of unfair sentencing; (b) the Defendant was on one’s own in school without blood relationship, such as wife, children, brothers, sisters, etc.; (c) was living alone without blood relationship; and (d) was not good in health; (b) on the other hand, prices the victim’s head and body at several times, which are dangerous objects at the end of the minor Simb, and inflicted serious bodily injury on the victim; and (d) the victim was unable to recover from damage even though he/she was difficult to raise treatment costs of the instant injury due to the lack of family appearance; and (e) the victim was unable to receive any recovery from damage; and (e) taking account of all the various sentencing conditions under Article 51 of the Criminal Act and the sentencing guidelines for the enactment of the Sentencing Committee, it does not seem that the sentence of the lower court is too large to

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

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