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(영문) 서울고등법원 2020.01.15 2019노1971

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A seized kitchen (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and six months) of the lower court against the Defendant is too unreasonable.

2. The instant crime was committed by the Defendant and the victim, who was in internal relations with the Defendant, trying to murder the victim with a knife and attempted to murder the victim on the sole ground of disregarding himself in the process, and the nature and circumstances of the crime are not very good.

The victim seems to have suffered considerable physical and mental pain due to the crime of this case.

These points are disadvantageous to the defendant.

However, from the court below to the court below, the defendant recognized the objective facts of the crime of this case itself and took an attitude against them, and the intention of the crime of this case is no longer disputed and his mistake is divided.

After 10 hours of the instant crime, the Defendant voluntarily appeared in the police and recognized the “the fact that the victim was knife with the victim by disregarding her own, and was knife with the victim’s chest.”

The Defendant appears to have committed the instant crime somewhat contingently.

The instant crime was attempted.

The defendant paid 30 million won as agreed money to the victim, and the victim does not want the punishment of the defendant, in agreement with the victim.

There is no record of punishment for the accused.

These points are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive of crime, means and method of crime, circumstances after crime, etc., the sentence imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is conducted.