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(영문) 대구고등법원 2017.11.30 2017노426

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

The main reasons for appeal are as follows: (a) the sentence imposed by the court below (three years of imprisonment, five years of suspended execution, and confiscation) is too unfortunate, and (b) the order for treatment is not imposed while suspending the execution of the sentence against the defendant.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed on the ground that the defendant spawn knife with the victim's spawn and spawn knife with the victim's knife with the victim's knife, and attempted to kill the victim's knife with the victim's head by taking the knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim

On the other hand, it appears that the defendant reflects the wrongness while committing the crime, the alcohol seems to have reached a somewhat contingent crime, the crime was attempted, the victim tried not to have the defendant punished by agreement with the defendant at the original instance stage, and reversed it in the trial at the original instance, but the defendant paid 10 million won to the victim for recovery of damage at the time of agreement, the defendant was detained for more than 3 months in this case, and it seems that the time of self-esteem was expected to have been reached as a healthy member of the society as 20 young people, and there is no other criminal history except the above injury, etc.

As above, the defendant's age, sex, environment, family relationship, and health conditions are different from the sentencing factors favorable or unfavorable to the defendant.