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(영문) 대전고등법원 (청주) 2016.07.13 2016노64
살인미수등
Text

The judgment below

Among them, the part excluding the violation of traffic law (refluence of drinking), shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The decision of the court and the scope of the judgment of the court in this case rendered a not-guilty verdict on the facts of attempted murder among the facts charged in this case on the grounds of the judgment of the court below, and found the Defendant guilty of violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) and the remaining facts charged, and sentenced the Defendant to nine years of imprisonment. The Defendant appealed as to the guilty portion among the judgment below, and the prosecutor appealed as to

Before remanding the judgment of the court below, the court below reversed the judgment of the court below, acquitted the violation of the Road Traffic Act (refluence of alcohol measurement), found the remainder guilty (excluding the part not guilty of the grounds) and sentenced the defendant to nine years of imprisonment. The defendant appealed on the guilty part, and the prosecutor appealed only on the part not guilty of the grounds.

The Supreme Court reversed the entire part of the judgment of conviction (including the part not guilty of the grounds) before remanding through the judgment of remand, and rejected the prosecutor's appeal as to the part not guilty (the part not guilty of murder) of the judgment of the court of first instance prior to remand, and applied Article 2 (1) 3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter "former Punishment of Violence Act") with respect to each habitual injury among the convicted part, Article 2 (1) of the former Punishment of Violences Act, Article 2 (1) of the former Punishment of Violences Act, and Article 2 (1) of the Criminal Act, of the former Punishment of Violences, etc. Act, shall be deemed to be an aggravated act in accordance with the above provision of Article 2 (1) of the former Punishment of Violences, etc. Act, since it is very different in terms of the background of individual crime, specific form of act and degree of infringement of legal interest.

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