logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.01 2017노992
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (five years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The judgment below rendered a sentence equivalent to the minimum statutory penalty within the scope of the recommended sentence according to the Supreme Court sentencing guidelines, taking into account the following circumstances in consideration: (a) the nature of the crime of this case and the criminal fact are not very good; (b) the injury suffered by the victim is deemed to have been significantly shocked due to mental disorder; (c) the defendant did not make any effort to recover damage; and (d) the defendant did not reach an agreement with the victim; (b) the defendant’s mistake is against the defendant; (c) the crime is committed against the attempted crime; and (d) the defendant did not have any history of punishment in the Republic of Korea; and

The lower court’s determination on sentencing appears to have been made within the reasonable scope of discretion by taking into account the following factors: the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc.; and there is no obvious change in sentencing conditions that can modify such judgment of the lower court; in light of the fact that the Defendant prepared the knife and knife of the crime in advance, the sentence imposed by the lower court is too unreasonable compared to the Defendant’s responsibility.

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

arrow