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(영문) 수원고등법원 2020.10.22 2020노309

살인미수

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (limited to eight years of imprisonment, etc.) is too unreasonable.

(Defense Counsel has presented an argument of misunderstanding of facts in the statement of grounds for appeal, but the date of trial has been withdrawn). The defendant recognized the remainder of facts other than the intention of murder in the court below as a substitute, and the defendant shows an attitude to recognize all crimes and repent them in depth in the trial.

As the defendant suffered from economic difficulties due to the failure to receive money from the victim B, the health problems of himself and her and her spouse occur, and divorce is made at the request of the spouse who suffered from the lung cancer, all of them would result in the crime of this case.

Although the defendant has a history of criminal punishment on several occasions, there is no history of punishment exceeding the fine.

These points must be considered in light of the circumstances favorable to the defendant.

However, the crime of this case is committed in light of the contents of the crime such as the tool of the crime, the form of the act, etc., and the degree of physical suffering and mental damage suffered by the victims, etc., and the crime of this case is not good in light of the following: first, the victim C's head, who was the victim's wife, was tried to kill three times with a view to leaving the victim's head; second, the victim C's head, who was the victim's head, was satisfed, was satisfed on two sidess and the mouths of the victim B; second, the knife part to kill the victim B was flife one time in order to kill the victim B.

Nevertheless, the victims did not receive a letter, and the measures necessary to recover damage have not been taken properly.

Although the defendant was not punished significantly, it has been sentenced to a fine over several times for violent crimes, it includes the use of violence against the victim C.