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(영문) 광주고등법원 2013.12.12 2013노442

살인미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

In light of the methods or results of the instant crime, even though it is not good for the victim to commit the instant crime, the victim's act of playing the Defendant as "D," resulting in the Defendant to commit the instant crime; the Defendant committed the instant crime at the trial; the Defendant recognized the instant crime at the trial; the Defendant wants the Defendant's wife by agreement with the victim; the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime; and all other circumstances, including the Defendant's age, character and conduct, motive, means and consequence of the crime; and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable; thus, the Defendant and the prosecutor’s allegation above are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.