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(영문) 서울고등법원 2015.04.07 2015노379
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor for the first instance (three years of imprisonment) shall be too unreasonable;

2. Each of the instant crimes committed on the basis of the following facts: (a) the Defendant, a family member of his/her family, inflicted an injury upon or assault and intimidation a deadly weapon, which is a deadly weapon, on the part of his/her family member; and (b) the nature of the crime and the form of the act, etc. of the Defendant and the victims are not

It seems that the victims were suffering from severe shock and pain due to the criminal act of the defendant in addition to physical damage.

In particular, in addition to the crime of this case, the Defendant has been under the influence of alcohol several times and used violence and intimidation to his family members. The victims who did not appeal to the law merely because they are family members, have to attend the same, and the serious physical and mental suffering of the victims who did not appeal to the law.

In light of these points, it can not be said that the responsibility of the accused is very heavy.

However, the first instance court has no record of committing a crime in the Republic of Korea, and sentenced a three-year sentence by considering all the circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the crime. The first instance court’s sentencing reasons and the process of deriving the sentence are all the sentencing materials indicated in the records of the instant case and the recommended sentence scope according to the sentencing guidelines. The crime of violation of the Punishment of Violences, etc. Act (a collective injury, etc.) falls under the basic area of “type 1 (a repeated repeated injury, special injury)” among the “Habitual injury, repeated injury, special injury” in the sentencing guidelines for violent crimes, and thus the scope of sentencing is two to four years, and the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., such as a deadly weapon, etc.) is subject to the sentencing guidelines.

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