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(영문) 서울고등법원 2019.05.09 2019노416

살인미수등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence imposed by the court below (three years of imprisonment, confiscation) against the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Considering the background and method of the instant crime, the attitude of the Defendant against the victim, and the fact that the Defendant is in a violent tendency when drunk, it is necessary to attach an electronic device to the Defendant because of the high risk of recidivism.

Nevertheless, it is unreasonable for the court below to dismiss the defendant's request for attachment order.

Judgment

The judgment on the part of the defendant's case is not a good crime in that the defendant tried to murder the part of the victim's rear part of the kitchen knife with the kitchen knife which the victim was prepared to refuse it in the course of trying to have the victim go on the vehicle by forcing the victim to leave the vehicle due to a divorce after having filed a separate divorce and seeking a separate divorce. In light of the crime means and methods, danger of the crime, attack against the victim, etc., the victim's life could have a serious result.

In addition, the defendant assaults the victim from the victim's house to the same day, and the kitchen knife it with the victim and intimidation the kitchen knife on the same day, so there is considerable room for criticism, such as assaulting the victim, taking the kitchen knife against the victim, and taking a protective disposition by exercising domestic violence against the victim in the past.

With regard to each of the crimes in this case, the victim seems to have suffered a considerable physical and mental shock.

Such circumstances are disadvantageous to the defendant.

However, the defendant has reached the trial for the first time, and all of the crimes, including the intention of murder denied by the court below, are recognized, and is detained for not more than seven months.