살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (e.g., imprisonment and six years) imposed by the court below on the defendant is too unreasonable.
2. The crime of this case in light of the following: (a) the Defendant had a dispute over the victim (the 68 years of age) and drinking, the Defendant attempted to kill the victim by taking the right chest part of the victim's kitchen with the kitchen knife, and attempted to kill the victim; and (b) the Defendant's attack is on the right part of the heart, and the victim actually suffered an injury requiring treatment for about 2 months, it seems that the risk of the act is very heavy and is not good.
However, considering the method of crime, the degree and degree of injury, the age of the victim, etc., the victim seems to have suffered considerable mental shock due to the act of the defendant.
The defendant seems to be more likely to be subject to criticism in that he did not know even though he was in the period of repeated crime and went to commit the crime of this case.
Such circumstances are disadvantageous to the defendant.
However, when the defendant was in a trial, the defendant was aware of all his mistake, and the defendant took part in a contingent crime while drinking alcohol, and appears not to have a conclusive intention to commit the crime, and the fact that the defendant and the victim agreed smoothly between the defendant and the victim and did not punish the defendant is favorable to the defendant.
In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, character and conduct, environment, and circumstances after the crime, the sentence that the court below sentenced against the defendant is too unreasonable.
3. Thus, the defendant's appeal is justified.