beta
(영문) 대구고등법원 2016.05.26 2015노566

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment and five years of suspended execution) is deemed to be too untile and unfair.

2. The instant crime was committed on the ground that the Defendant was prepared in advance by the Defendant on the ground that the victim was out of the place of work, knife the victim’s left upper part of knife, thereby causing damage to the victim’s route, such as the beer of the damaged part’s route and the gale of the damaged part, and the victim attempted to do additional harm, but the victim’s escape was boomed on the wind and thus the crime was committed.

As a result, although the victim performed an operation, it seems that there are considerable physical symptoms.

On the other hand, the defendant voluntarily surrenders to the police immediately after committing the crime, and runs counter to the perception and mistake of the crime.

In the court below, a reasonable amount of agreement was paid to the victim, and the victim did not want the punishment of the defendant.

The defendant seems to have no record of crime except for the previous two minor fines before 1992, support the wife and the two children, and live relatively in good faith.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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