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(영문) 서울고등법원 2014.03.18 2013노3891

살인미수

Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. The sentence of imprisonment with prison labor for the first instance (two years and six months) shall be too unreasonable;

2. In light of the fact that the Defendant did not transfer his unilateral appraisal and did not make any error in the carbook in the carbook, and that the Defendant severely punished the Defendant in light of the fact that the Defendant was at risk of losing his life if the knife knife knife knife knife knifes the left part of the victim’s knife with a knife knife knife knife with a knife knife knife knife with a knife knife with a knife knife with a knife knife with a knife knife with a knife with a dnife 4

However, even though the defendant was fluencing C with respect to being fit with C, the victim was prevented from spreading it, the victim committed the crime of this case in a contingent manner by sniffing the victim's attitude, and the defendant was sniffing and reflecting the defendant's mistake in depth (the defendant had a large quantity of heart drugs to commit suicide when the victim died at the time of arrest). After reporting the situation of the victim after the crime, the victim was flucing him/her over the upper part of his/her body and helping him/her to take relief measures, and preventing the occurrence of death by reporting it to 119, and preventing the occurrence of death; the defendant had no record of criminal punishment in Korea; the victim did not want punishment against the defendant; the victim's age, career, environment, character and conduct, motive, method and method of the crime of this case; and the circumstances after the crime, etc., are somewhat unreasonable considering that the sentencing of this case is somewhat unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. The defendant's appeal is justified.