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(영문) 부산고등법원 (창원) 2014.09.03 2014노109

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the period of two years and six years of imprisonment) is too unfased and unfair.

2. According to the evidence of judgment, it is acknowledged that there are more objective and neutral factors of sentencing, such as punishment of violence, etc., such as punishment of each act of violence, etc. in 197, 202, 2007, 2007, 2008, 201, 2011, 2013, or 2013, while preparing for excess and searching for the address of the victim in the vicinity of the victim's residence, which led to the attempted murder of this case. However, the result of the crime of murder in this case was not easy to the extent that the victim should undergo an emergency uniform operation by suffering from an open top of the double wall that requires medical treatment for about three weeks. Although the defendant was punished, the defendant was punished, even though he was punished in 1997, 203, 202, 2007, 2008, 201, and 2013.

However, the defendant's mistake and reflects his depth, and the crime of this case was committed by the defendant's wife borrowed 5 million won from the victim around 2003 but did not fully repay this in time, and the conflict that the victim has been settled between each other as a result of provisional attachment of the victim's residence by provisional attachment, etc. (the victim seems to have interfered with employment by spreading a good question about the defendant's wife to the child care center employed by the defendant's wife on the ground of the above default of obligation). Although the defendant was not judged to the extent of mental disorder, it appears that the defendant was judged to have resolved to commit a contingent crime while under the influence of alcohol, but the defendant's wife was physically important part of the defendant's body, but the number of times it was limited to one time, and the head of the wife's wife.