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(영문) 서울고등법원 2019.05.02 2018노3192

살인미수등

Text

The judgment below

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

A defendant shall be punished by imprisonment for not less than four years and six months.

The judgment below

(2).

Reasons

Summary of Grounds for Appeal

In the appellate brief dated December 18, 2018, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “defendants”) asserted as the grounds for appeal the mental or physical disability or mental disability as the grounds for appeal. However, the Defendant stated to the effect that the Defendant withdraws from the date of the first trial on which the trial was made on the date of trial and takes into account the punishment under the influence of alcohol.

The punishment sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

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

In light of the details and methods of the instant crime, the criminal attitude after the Defendant’s crime, criminal records, and the risk of recidivism, it is unreasonable for the lower court to dismiss the Defendant’s request for attachment order against the Defendant, although it is necessary to attach an electronic device.

Judgment

The defendant's judgment on the part of the defendant's case is recognized as committing a crime, and the mistake is divided.

The defendant seems to have caused a dispute over the victim's drinking with the victim, resulting in an contingent crime.

The instant crime did not result in the death of the victim even after the attempted crime was committed.

The defendant is not in a good health condition, such as receiving a diagnosis on the left-hand framework.

Such circumstances are favorable to the defendant.

However, the crime of this case requires a strict punishment against the defendant in light of the side of the victim's attack and the degree of the injury suffered by the victim, and the risk of the means and method of the crime.

It seems that the victim was suffering from the crime of this case, fear, and the post-treatment seems to be considerably significant.

After committing the crime, the defendant escaped without taking relief measures against the victim, and after arresting him, the victim.