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(영문) 서울고등법원 2013.03.07 2012노4081

살인미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and the Defendant’s mistake is pening in depth.

However, the defendant did not agree with the victim, the defendant tried to kill jacker professional victim while being investigated by the police station while threateninging the victim several times, and even after attempted by the police officer, the crime is very poor that the victim committed the crime, such as sackacking "I do not have to sack..............." The victim might have been injured in light of the injured part of the victim's injury, etc., and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime, etc., and the sentencing range of the court below's sentencing guidelines according to the sentencing guidelines. Since the crime of attempted murder falls under the basic area among the two types (ordinary murder) of the sentencing guidelines for the crime of murder, the scope of punishment is three to eight years, and the crime of assault constitutes imprisonment with prison labor, and the crime of assault falls under the basic area of imprisonment with prison labor for not less than three years (1) years).

In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

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

However, the judgment of the court below is in accordance with Article 25 (1) of the Regulation on Criminal Procedure.