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(영문) 서울고등법원 2020.02.06 2019노2468

살인미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six years of imprisonment) is too unreasonable.

2. The lower court, based on its stated reasoning, sentenced the Defendant to the above punishment.

The circumstances favorable to the sentencing asserted by the defendant as the reasons for appeal are likely to have been determined by the original court and considered sufficiently.

The above circumstances and the judgment of the court below's "decision on the sentence" are as follows: in particular, even before the crime of this case, the defendant committed the crime of violence on two occasions against the victim D, who had been involved in the crime of this case, and has been punished by a fine, and used the violence against the above victim B; the victim B, who had a knife, has reached several knifes for murder on the ground that there has been a knife due to the women's behavior; above all, the crime of taking a knife's life, and the crime of taking a knife and the method of committing the crime was very dangerous; although the result of the murder was not caused by the knife and the police being dispatched, it was not based on a voluntary will; the defendant's age, character, health status, family relation, means and result of the crime of this case; and it is reasonable to view the court below's sentencing without any reasonable sentencing guidelines beyond the scope of sentencing guidelines set by the Criminal Procedure Committee.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal by the defendant is without merit. It is so decided as per Disposition.