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(영문) 부산고등법원 (창원) 2015.09.16 2015노225

살인미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination factors or objective and neutral sentencing factors favorable to the defendant are acknowledged, such as the fact that the defendant recognized the crime of this case and seriously reflects his mistake, that the victim was the victim by agreement with the victim, and that the crime of this case was the main cause of the mental illness (not deemed to have reached the mental and physical disorder within the legal meaning) such as the defendant's identification card, etc., and that the defendant has no record of punishment other than those sentenced to the crime of violating the Military Service Act and the crime of violating the Road Traffic Act.

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles, was committed by threatening the victim who was the defendant's wife with Myeonkk-knife by threatening Myeonk-knife while pursuing the external appearance of the victim D. In particular, the victim was unable to suffer severe physical and mental pain because the defendant continued to do so, and the defendant was able to prepare for the crime of this case in an objective and neutral manner with the victim's knife-knife-knife-knife with water in advance, and again make the victim stop so that the victim can take a bath out of it, so that the victim could have taken a bath back again again, and then the victim could have been killed. In particular, the victim could not have been able to suffer severe physical and mental pain due to the defendant's extreme harsh treatment over the long time, and the defendant could have prepared for the crime of this case with the victim's knife and knife in an objective and neutral manner.