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(영문) 대구고등법원 2013.07.11 2013노127

살인미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (4 years of suspended execution for three years of imprisonment) is too unreasonable.

(A) On June 27, 2013, the defendant and his defense counsel withdrawn the assertion of mistake of facts on the date of the first trial of the trial.

The sentence of the court below by the prosecutor is too uneased and unreasonable.

2. The accused who made a judgment on the grounds of appeal has been sentenced several times to a criminal offense of violating the Punishment of Violences, etc. Act.

The crime of this case was committed in a manner that, while intending to murder a victim with a shoulder-sicker disease, which is a dangerous object of the defendant, it is not good to commit the crime, and if the victim's right side back and back, the victim's life could be a fatal measure to the extent that the victim's life could be at risk, and the method of committing the crime was dangerous.

These circumstances are disadvantageous to the defendant.

On the other hand, the Defendant has not been sentenced to a fine or heavier punishment since 2002.

The Defendant recognized all the crimes of this case, and reflects his mistake.

The Defendant: (a) heard the victim’s abusive and rebuttal; (b) had committed the instant crime by contingency under the influence of alcohol; and (c) had attempted the instant murder crime.

The victim is also suffering from the defendant's wife by mutual consent with the victim.

It is clear that social ties, such as the parents and ties of the defendant wanting to be the wife of the defendant.

The defendant shall be suffering from diseases, such as urology, degradation of the function of urology, etc., and shall support old-parents.

These circumstances are favorable to the defendant.

In addition to this point, considering all of the sentencing conditions and the range of recommended sentences according to sentencing guidelines as shown in the instant arguments, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, after the crime, etc., it is recognized that the sentence imposed by the court below is too minor or unreasonable.