(영문) 부산고등법원 2014.03.19 2013노657 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2014.03.19 2013노657

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The excessive one kitchen (No. 1), the kitchen, which has been seized.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (two years of imprisonment) is too unhued and unreasonable;

2. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant is against the market owner; (b) in a fighting match promoted at the victim's market cost, the defendant was forced to commit the crime of this case by dividing the amount of KRW 5 million in the name of medical expenses, etc.; (c) the defendant paid the victim a sum of KRW 5 million in the name of medical expenses, etc.; and

However, the crime of this case was committed at night by the defendant, who had been sentenced to three-year imprisonment at Busan District Court on September 29, 2006, and was sentenced to the same kind of crime, and the above imprisonment became final and conclusive on September 29, 2006, in light of the following: (a) the defendant tried to kill the victim by asserting self-defense at the first instance court; (b) the victim was deeply faced with 7 parts of his arms; (c) the victim was unable to properly prevent the defendant's knife with both arms; (d) if the victim was unable to keep his knife with his arms properly, the defendant could have lost his life, and (e) the defendant was sentenced to the punishment for attempted murder similar to the crime of this case, and (e) the defendant again committed the same kind of crime; and (e) the defendant was sentenced to imprisonment with prison labor, and (e) the defendant did not reach an agreement on the crime of this case, even if he was sentenced more favorable to imprisonment with prison labor.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

(b).

참조조문

-형사소송법 제364조 제6항

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