beta
(영문) 서울고등법원 2014.11.20 2014노2761

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court to the accused (three years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. The defendant has no particular criminal records except for a fine imposed on one occasion.

The Defendant seems to have committed the instant crime by failing to regulate his emotions and rather contingently, as a matter of the settlement of the drinking value with the victim, when the victim was her age and 10,000 won from the victim who had followed himself/herself, and heard his/her humiliations several times through text messages.

The Defendant voluntarily reported 112 prior to committing the crime so that the victim can immediately forward to the hospital immediately after committing the crime, voluntarily surrenders to the hospital immediately after committing the crime, and is in his awareness of the mistake and reflect in depth.

In addition, there are other circumstances in which the defendant made efforts to recover damage in his own name, such as paying hospital treatment costs and consolation money of KRW 30 million to the victim through his/her birth.

However, the crime of this case is a case where the defendant attempted to murder the victim's clothes with a knife knife for the last part of the defendant's knife.

In particular, it is not good that the crime has been committed by using a knife prepared in advance, despite the mets of the knife in which the defendant was aware of, and that the part of the knife of the victim who is highly likely to cause death was seriously injured by the victim, such as knife from the depth of the victim's inner organ back to the outside.

As a result, the victim has been hospitalized for a long time after receiving emergency operations, such as flaging and flaging, and it seems that he/she still has been suffering from post-treatment.

In addition, the sentencing guidelines of the Sentencing Committee (the murder group, murder of ordinary motive/the special appearance in the basic area) shall be the aggravated factors (the planned murder, serious injury, and serious injury).