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(영문) 서울고등법원 2016.07.06 2016노1145

살인미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (unfair sentencing) on the Defendant (three years and six months) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The crime of this case was committed by the defendant to kill the victim, who is the mother of the matrimonial engagement, for about three minutes, and the nature of the crime is heavy.

The degree of injury of the victim caused by the crime of this case is not easy.

The victim suffered a considerable mental or physical pain due to the crime of this case, but the defendant still does not seem to have made a serious effort to recover from the damage even if he or she had to do so, and the victim wanted to do so.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized all of the crimes of this case for the first time in the trial, and was late against his mistake.

In addition to once a fine is imposed on a defendant, there is no other criminal record.

Such circumstances are the circumstances that would be favorable to the defendant.

In full view of these circumstances, the Defendant’s age, sex, environment, circumstances, and consequences of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy, or it cannot be deemed unfair because the sentence imposed by the Defendant is too harsh.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds.