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(영문) 부산고등법원 2014.11.13 2014노613

살인미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Examining the various sentencing conditions in the instant case, the sentencing factors favorable to the Defendant are as follows: (a) the Defendant shows the appearance that the Defendant committed all of the instant crimes, thereby realizing and reflecting his mistake; (b) there is no particular criminal history except for the Defendant who was punished once by a fine; and (c) the Defendant committed murder to the Victim G even with attempted murder.

Meanwhile, the crime of attempted murder of this case, which is disadvantageous to the defendant, was committed on the day when the defendant was under the influence of alcohol and demanded further drinking to the victim on the day when the crime was committed without any relationship with him. However, it was attempted to kill the victim. Considering the entire length and blade of Chinese restaurant cooking used as the criminal tool, the degree of injury suffered by the victim and its side, the age of the victim, etc., the crime of attempted murder of this case is likely to have been murdered by the defendant's extreme crime if the victim had no son, and the victim had fled properly avoided the attack properly, and the victim did not have escaped. The defendant did not receive a letter from the victim until the trial. The defendant was unable to receive a letter from the victim until the time of the trial. The defendant was under the influence of alcohol at each time of the crime of this case, and all of the defendants was related to drinking alcohol and use of alcohol at a high school and related to alcohol level of the defendant.