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(영문) 서울고등법원 2014.10.02 2014노1874

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (the imprisonment of two years and six months, the suspension of execution of four years, the probation order, and the confiscation) declared by the court below is too unfasible.

2. Determination is a condition for sentencing unfavorable to the Defendant, such as the fact that the Defendant did not participate in the case due to a minor dispute and attempted to murder the victim, but the crime of this case was not committed, and the degree of injury suffered by the victim is considerably serious.

However, in full view of the following circumstances: (a) the Defendant reflects his own crime in depth; (b) the Defendant voluntarily surrenders to an investigative agency; (c) the Defendant did not want the Defendant’s punishment by mutual consent with the victim; (d) the Defendant appears to have committed the instant crime on a contingent basis; (c) the Defendant’s wife wanted the Defendant; and (d) the Defendant’s wife wanted the Defendant; (d) the positive factors in light of the standards for the suspension of the execution of murder according to the sentencing guidelines set by the Sentencing Commission, (e) the positive factors (i) exceed the negative factors (e.g., the origin of punishment, social relation clear, self-denunciation, serious reflectness; (e) the Defendant’s age, character and conduct, environment, the circumstances after the commission of the crime; and (e) other circumstances, such as the Defendant’s age, character and conduct, the circumstances after the crime, etc., are considered to

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.