beta
(영문) 대전고등법원 (청주) 2018.04.19 2017노179

살인미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is an unfavorable circumstance against the defendant, for the following reasons: (a) the defendant has prepared a kitchen and excessive kitchen in his house in advance; (b) the victim has met the victim; (c) the victim has left chests of the victim who has taken the kitchen knife at the end of a dispute with the victim, has taken the kitchen knife one time, and then has another part of the kitchen knife with the victim, and the other part of the kitchen knife with the victim's other part, such as the victim who has taken the kitchen knife, has not taken the kitchen knife and the excessive part from the defendant, and if the victim could have taken the kitchen knife and the excessive part of the kitchen knife from the defendant

However, it is favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case, the crime of this case was committed against the attempted crime, the degree of damage of the victim was not much serious, the victim agreed with the victim, the victim did not want the punishment before the crime of this case, there was no record of criminal punishment before the crime of this case, and the mother of the defendant for the defendant who suffered from the disability of grade 3 of intellectual disability "the efforts to prevent recidivism and proper treatment for the defendant," etc.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions as shown in the pleadings are considered. The punishment determined by the lower court is carried out within the reasonable scope of discretion, and it is not recognized as being too heavy or unreasonable.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in entirety under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is groundless.