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(영문) 광주고등법원 2017.10.19 2017노308
살인미수등
Text

The judgment of the court below is reversed.

Defendant

The punishment against A shall be three years, and the imprisonment for Defendant B shall be one year.

Reasons

1. The victim H and G did not want to be punished against the defendant by mutual consent with the defendant when the court rendered a judgment on the unjust argument of sentencing between the defendant A.

These circumstances are the sentencing factors to be newly considered for the defendant.

In addition, the fact that the defendant has no record of committing a crime exceeding the suspension of execution of official duties, the victimJ did not want the punishment of the defendant in the original trial, the defendant led to the confession of the crime of this case and reflects his mistake in depth, and the crime of this case has occurred due to the occurrence of contingency after drinking.

In full view of these circumstances, the sentencing of the court below is too unfair than the liability of the defendant, even though considering the fact that the defendant is disadvantageous to the defendant among the various sentencing factors in the court below and the circumstances the prosecutor claims on the grounds of appeal, taking into account the following factors: the defendant's environment, sex, motive and means of the crime, and circumstances after the crime.

The grounds for appeal by the defendant are with merit, and the prosecutor's ground for appeal that the sentencing of the original judgment is too unjustifiable and unfair is not accepted.

2. The victim G did not want to be punished against the Defendant by mutual consent with the Defendant when determining the unfair argument of sentencing by Defendant B in the court.

These circumstances are the sentencing factors to be newly considered for the defendant.

In addition, the fact that the defendant led to the crime of this case and reflects his mistake in depth, and that the crime of this case occurred after drinking alcohol, etc. are considered favorably for the defendant's sake.

In these circumstances, the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime are shown in the records and arguments of this case.

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