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(영문) 대전고등법원 2014.01.15 2013노505

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

2. It is true that there are circumstances favorable to the defendant in determining punishment, such as the fact that the defendant suffers from heavy morals due to old age, that there is no criminal conviction heavier than the fine prior to the instant case, and that the facts charged have been recognized and reflected in the trial.

However, this case is an attempted case where the defendant attempted to kill the victim by preparing his hand in advance with the intent of the victim, and finding the victim's head, and then trying to do so. In light of the risk of deadly weapons used in committing the crime, violence of the method of the crime, and the degree of injury inflicted on the victim, the defendant's liability for the crime is very large in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances, which are the conditions of sentencing as shown in the arguments of this case, including the circumstances after the crime, it is not determined that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.