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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2017.01.18 2016노427
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (three years of imprisonment, five years of suspended execution, etc.) is too uneased and unfair.

2. The crime of this case was committed by the Defendant, who was a deadly weapon, was attempted to murder a knife knife in several times, and the nature and method of committing the crime was very poor, and the victim could have lost knife life due to the attempted crime of this case.

Even if strict punishment is required, the circumstances are disadvantageous to the defendant.

On the other hand, the defendant is recognized as a substitute for the crime of this case, and the defendant is against the defendant, and the defendant has agreed with the court below and the victim has attended the court in the first instance, and the defendant again desires to take the action against the defendant, and the defendant is a friendly relationship between the victim and the high school, and the crime of this case seems to have committed the crime of this case somewhat contingently after the victim was abused by the victim, and the victim is under drinking at the same time on the date of the occurrence of this case. The victim is now completely cured and completely cured, and there is no problem in daily life. The defendant is still under the medical treatment after the occurrence of this case, and the defendant is under the alcohol treatment consultation with the victim. The defendant is under the suspension of alcohol after the occurrence of this case, and the defendant is punished twice by a crime of violation of the Road Traffic Act (driving) around 2002 and around 2004.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 처단형의 범위: 징역 2년 6월 ~ 15년 ◈ 양형기준의 적용 [ 유형의 결정] 살인범죄 > 제 2 유형( 보통 동기 살인) [ 특별 양형 인자] 감경요소: 처벌 불원( 피해 회복을 위한 진지한 노력 포함) [ 권고 형의 범위] 감경영역, 징역 2년...

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