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(영문) 광주고등법원 2017.02.16 2016노505

살인미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (seven years of imprisonment) of the lower court is too heavy or (seven years of imprisonment) it is too heavy.

2. In the first instance of the judgment, the Defendant paid KRW 10,160,600 to the victim support room of the public prosecutor’s office for the victim, and made efforts to recover the victim’s damage by depositing considerable money to recover the victim’s damage.

In addition, the court below did not have any intention to commit murder at the time of the crime of this case.

Although denying the criminal intent, it is against the depth of his mistake while intending to see this point in the past.

The fact that the instant crime was attempted even after the attempted crime, that the Defendant suffered from side effects of dental treatment, that the Defendant suffered from mental instability to such an extent that it was impossible to communicate with others at the time, unlike other patients at the time, and that the Defendant had no record of criminal punishment other than the previous 20 years prior to the instant case, and that the Defendant’s mother and female mother have maintained relatively strong family ties relationship with the Defendant, such as the Defendant’s escape from military service before and after about 20 years prior to the instant case, and that the Defendant’s mother and female mother have maintained relatively strongial relationship with the Defendant.

On the other hand, the Defendant entered a hospital with a knife, which is a dangerous weapon prepared in advance for the reason that treatment of the victim does not lead to mind, and tried to kill the victim several times. The victim could lose his life by suffering a serious serious injury, such as damage that requires approximately six weeks of treatment, damage that is needed to the right side, and damage that is caused by the marbing on the right side.

In addition, the defendant's knife knife knife the victim's knife twice, and then knife the victim's knife, the police officer's knife knife the victim's knife.

In light of the circumstances and methods of such crimes, and the degree of damage of the accused, the nature of the crimes is serious.