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(영문) 대구고등법원 2013.08.22 2013노269

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (three years of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the crime of this case and made efforts to provide relief to the victim, such as reporting to the 119th immediately after the crime of this case; (b) deposit of KRW 3 million for the victim; (c) the family members and branch members of the defendant want to take the front of the defendant; and (d) the defendant has no criminal record exceeding the suspended sentence.

On the other hand, the crime of this case is committed with excessive intent of the defendant to kill the victim, and the part of the victim is once and twice, and the attempted crime of this case is very dangerous, and there is a high possibility of criticism even considering the fact that the crime of this case is committed.

The Defendant did not agree with the victim, and the victim complained of the Defendant’s severe physical or mental pain due to the instant crime, and still remains. The victim wanted to punish the Defendant.

These circumstances are disadvantageous to the defendant.

In addition to these points, comprehensively taking account of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive of the crime, and circumstances after the crime, etc., the lower court is not deemed to be unfair because its sentencing sentence is too limited according to the sentencing guidelines.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.