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(영문) 대구고등법원 2017.06.29 2017노94

살인미수등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal in light of the various sentencing conditions of the Defendant in this case, the sentence imposed by the lower court (the imprisonment of three years, five years of suspended execution, observation of protection, treatment of alcohol drinking between four years, community service for 240 hours, knife confiscation) is too unreasonable.

In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant while driving a vehicle under the influence of alcohol and inflicting injury on the above victim F while driving the vehicle. After the occurrence of the accident, the defendant tried to murder the above victims in knife with G with the victim G who was in the same action after the accident occurred, but attempted to do so. However, the act of infringing human life is very poor in the sense that it cannot be used for any reason. In particular, the victim G suffered bodily injury with knife in the knife and might result in more serious result in the absence of a resistance of the victim. The defendant again committed the crime of drinking of this case even though he had a history of criminal punishment several times due to the crime such as drinking or refusal of drinking, it appears that the victims might have suffered considerable mental shock, but the defendant did not receive any unfair letter from the victim to the core.

On the other hand, the Defendant appears to have been aware of the time and depth of committing the instant crime; the Defendant appears to have committed each attempted murder of this case in a somewhat contingent and contingent manner after a traffic accident, and the degree of injury suffered by the Victim G is relatively small; and the Defendant’s health status is not good due to urology, urology, and alcohol disease.