살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
2. The crime of this case is found to have been committed by the Defendant, after hearing the fact that the Defendant was raped several times by his wife, and tried to kill the victim in a knife with a knife, and the nature of the Defendant and the circumstances of the crime are heavy.
The defendant needs to strictly punish the defendant on the following grounds: the defendant prepared in advance knife a victim's face and part of the victim's face and part of the knife several times, and the victim has a disability such as entering several knife knife and face overalls of the knife and face, and even if knife in the attempted crime, if knife no longer than once, it would infringe the life of an unreparable person.
However, it is favorable to the defendant, such as the fact that the defendant is a primary offender with no criminal power, the fact that the defendant recognized the crime of this case and reflects his mistake when it comes to the trial, the defendant committed the crime of this case by hearing rape from his wife and contingently, the victim also is responsible for inducing the crime of this case, and the victim additionally submitted an agreement that he does not want the punishment by mutual consent with the defendant in the trial.
In addition to these various circumstances, considering the various sentencing conditions shown in the arguments of this case, including the defendant's age, environment, character and conduct, motive, means and consequence of the crime, circumstances after the crime, and the range of recommended sentences in the sentencing guidelines of the Supreme Court sentencing committee, the sentence imposed by the court below is too unreasonable.
The defendant's above assertion is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading
[The reasons for the judgment of multiple times] criminal facts and summary of evidence.