살인미수등
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (two and half years, six months, and confiscation) on the gist of the grounds of appeal is too unreasonable.
2. The judgment is a favorable condition that the defendant recognized the instant crime and reflected, agreed with the victims, and that the defendant has no record of crime in the Republic of Korea.
However, the fact that the defendant attempted to kill the victim E and F in a knife, the victims suffered serious injury, and the defendant inflicted another victim G with a knife is disadvantageous.
In full view of such circumstances and the sentencing criteria set by the Sentencing Committee and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the pleadings of the instant case, the lower court sentenced the sentence that falls under the lower limit of the applicable sentencing by law.
When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.
As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.
Therefore, the defendant does not accept the defendant's unfair argument.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.