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(영문) 서울고등법원 2014.01.10 2013노1987

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

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

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant recognized the error and is in profound reflects on the part of the Defendant; (b) the Defendant took a bath from the victim in a state where he was not on the outside stairs of the building, and committed a contingent crime by slurging head debt by slurging him; (c) the Defendant was a high school student under the age of 19 at the time of committing the crime with no special heavy criminal records other than one time in the juvenile protective disposition and the suspension of indictment; and (d) the Defendant was living in the announced source at the time of committing the crime, and was working in the vehicle slurging manufacturer and attending the night school.

On the other hand, while the crime of this case was disputed by noise from the Gosiwon, the defendant tried to murder a dangerous part of the body, such as the left part of the victim's knife with knife and knife with knife, and the attempted crime could lead to a fatal result in the victim's life. The crime of this case is very poor in light of the method of crime and the degree of damage. The degree of injury suffered by the victim, such as knife and knife due to the crime of this case, the degree of injury suffered by the victim, such as knife and knife and knife, and the victim did not recover from damage, and the victim want to be punished against the defendant is disadvantageous to the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances after the crime, etc., and the sentencing criteria of the Sentencing Committee of the Supreme Court shall be set according to the sentencing criteria of murder crimes [the sentencing criteria of the Korean Sentencing Committee] of Type 2 (the general motive murder-end dispute, body fighting, etc.) (the special homicide): dolusent intention.