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(영문) 서울고등법원 2018.08.16 2018노1027

살인미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted that there was no intention to murder, along with the wrongful assertion of sentencing, on the grounds of the appeal by the Defendant. However, on May 21, 2018, the Defendant withdrawn the allegation of mistake of facts on the first trial date of this court.

The punishment sentenced by the court below (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is determined that the defendant tried to kill the victim with knife (20cc in knife length) while drinking together with the victim, but failed to do so.

Human life is the most valuable value.

The Defendant, as a knife, knife, knife, knife, and knife knife, cut part of the part between the main organ and the above, and sustained a serious injury to the fnife, thereby undermining the fnife. The victim could lose his life due to the decline in the blood pressure due to a large amount of fnife.

The Defendant escaped without taking any relief measures after committing the instant crime.

It is necessary to strictly punish the defendant in light of the nature and frequency of attacking the victim, the degree of the victim's injury, the circumstances after the crime, etc.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant did not have the intent to kill the victim in a planned manner, and seems to have committed the instant crime by seeking to hear the desire from the victim who was aged older than himself.

When the defendant was arrested in the office of the lawyer, he prepared a self-denunciation at the time of emergency arrest, and submitted a self-denunciation after the urgent arrest.

The defendant paid 20 million won to the victim and agreed with the victim smoothly, and the victim does not want to be punished against the defendant.

The defendant has no history of criminal punishment in the Republic of Korea.

more than 10.