살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
A seized knife (No. 1) shall be confiscated.
1. Summary of grounds for appeal: Unfair sentencing; and
A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible.
2. Determination
A. The Defendant recognized and reflected his wrongness.
The defendant committed an attempted crime, and the defendant paid 4.4 million won to the victim at the court below.
Defendant has no career of being punished for a crime.
B. Meanwhile, the Defendant committed a crime of murder with food blades up to 30 cm in total length and 18 cm in length, including the head and neck of the victim, which are directly connected with the life of the victim, on several occasions, including an important part of the victim, which is directly connected with the life of the victim, and the Defendant committed a crime of murder by taking her head and neck.
It is expected that the degree of the victim's injury is not less severe and severe mental impulse, and the physical and mental damage is not easily recovered.
The victim sent a Kakao Stockholm message to the Defendant’s public defender to the effect that the Defendant would be sentenced to heavy punishment. However, in the sentencing investigation conducted by the court below, the victim complained of physical and mental pain and fear of fear to the Defendant, and expressed his intent that the Defendant would be subject to strict punishment.
C. Based on the above circumstances, examining the sentencing guidelines for the Defendant’s crime of this case and the enactment of the Supreme Court’s sentencing committee are as follows.
The scope of applicable sentences under the law: the scope of recommended sentences according to the sentencing guidelines from 2 years and 6 months to 15 years [the decision of type] shall be [the category 2] and there shall be no person who has committed murder [the scope of recommended sentences]. [the scope of recommended sentences and recommendations] basic area, three years and 4 months to 10 years and 8 months (the scope of recommended sentences for the crime of attempted murder shall be reduced to 1/3 and the upper limit shall be reduced to 2/3).