존속살해미수
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (12 years of imprisonment, confiscation) is too unreasonable.
2. The facts that the defendant was the first offender, that the defendant led to the first offense, that the defendant led to a confession and reflects against the crime, and that the defendant deposited five million won in the original court and the original court for the bereaved family members of the victim, are favorable to the defendant.
However, the crime of this case is committed with the victim's face, who is the head of the defendant who did not have any particular error due to the defendant's complaint against his wife, and the crime of this case is committed with a knife to murder with knife, and the method of the crime is harsh and there is no reason to consider the motive for the crime.
In particular, human life is the most respected value, and the attempt to kill the continued existence is a failed act, so there is a high possibility of criticism for the crime of this case.
After the crime of this case, the victim died after being treated due to post-accident stress disorder, etc., and eventually died of the acute respiratory disorder.
The bereaved family members of the victim who lost their family due to the instant crime seem to have suffered serious pain.
Nevertheless, the defendant did not receive a written favor from the bereaved family members up to the trial of the party.
In addition to these circumstances, even though the Defendant deposited an additional KRW 5 million for the sake of the victim’s bereaved family members when the Defendant was in the first instance trial, it is difficult to take such circumstances into account as particularly favorable to the Defendant, comprehensively taking into account the following circumstances into account: Defendant’s age, sex, environment, motive, means and consequence of the crime, all the circumstances constituting the conditions for sentencing as indicated in the records of the instant case, including the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines (7 years to 30 years), the lower court’s punishment is too unreasonable.
3. As such, the Defendant’s appeal is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act.