살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
A seized improvement (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. (1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and the Defendant had weak capacity to discern things or make decisions.
Dob. The sentencing of the lower court (four years of imprisonment) is too unreasonable.
B. The lower court’s sentencing is too unjustifiable.
2. According to the records on the Defendant’s assertion of mental disorder, it is acknowledged that the Defendant was under the influence of alcohol at the time of committing the instant crime, but in full view of the circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of committing the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things
It does not seem that there was or was a weak state.
Therefore, the defendant's mental disorder is not accepted.
3. The instant crime committed on the part of the Defendant and the prosecutor’s assertion of unfair sentencing is intended to kill the victim with an unfair appraisal that the Defendant had, as a matter of course, failed to commit the crime, and the criminal liability is very heavy in light of the content of the crime and the circumstances before and after the crime.
However, considering the fact that the defendant seems to have committed the crime of this case in contingency, that the defendant recognized his mistake in the course of the trial and agreed smoothly with the victim (in the original trial, 50 million won was deposited for the victim), that the defendant has no record of punishment other than the one-time fine before the victim, that the defendant has old age, and that the defendant has other conditions of sentencing such as character and behavior, environment, and circumstances after the crime, etc., the sentencing of the court below is deemed to be too unreasonable. Thus, the defendant's argument of unfair sentencing is justified, and the prosecutor's argument of unfair sentencing is without merit.
4. Thus, the defendant's appeal is justified.