살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant tried to kill the victim with knife with knife, and that the knife is bad and that the crime is committed, that the defendant has been committed several times of violence, and that the victim suffered serious injury due to the crime of this case.
However, in light of the following factors: (a) the crime of this case was committed in attempted crimes; (b) the victim did not want the punishment of the defendant by mutual consent with the victim; (c) the defendant recognized all of the crimes; (d) the defendant committed the crime in depth; and (e) the defendant's age, character and conduct, environment, family environment, motive and circumstances of the crime; and (e) various conditions of sentencing and the scope of the recommended sentencing guidelines [decision of types] of the conditions and the scope of the recommended sentencing guidelines, such as the defendant's age, character and conduct, family environment; (b) the motive and circumstances of the crime before and after the crime committed; (c) the ordinary motive [special motive (a) the scope of the person subject to punishment] among the murder in the murder crime group; (d) the scope of the punishment penalty [a scope of the recommended sentence] basic area; (e) the recommended punishment of the person subject to punishment was sentenced from 9 years to 13 years; and (e) the punishment of the person subject to punishment was attempted in this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 254 and 250 (1) of the Criminal Act applicable to the crimes;
1. The favorable circumstances as seen in Articles 53 and 55(1)3 and 55(1)2 of the Criminal Act are the discretionary mitigation.