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(영문) 광주고등법원 2016.12.08 2016노361

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years and six months of imprisonment, four years of suspended execution, and confiscation) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. The crime of this case in which the defendant tried to murder the victim's et al. with a kitchen knife at the end of a dispute with the victim, but the defendant tried to kill the victim's et al. with a kitchen knife, and the risk was very high as a matter of attempted crime, and the crime is not committed in light of the method of committing the crime. If there was no other person's land in the place of the crime, there might be a serious result that would be difficult to brue.

However, at the court below, the defendant agreed smoothly with the victim, and the victim wanted to leave the defendant's wife again in the court below following the original judgment, the defendant divided the defendant's wrong depth, the defendant seems to have committed contingent crimes while drinking together with the victim, the victim's injury seems to have been recovered as a substitute, and the defendant has no special criminal power other than twice a fine for this paper, and there are circumstances to be considered favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, various sentencing conditions as shown in the entire process of the pleadings in the instant case, the lower court’s decision cannot be deemed to be unreasonable to the extent that the sentence imposed on the Defendant within the scope of the recommended sentencing committee of the Supreme Court is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.