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(영문) 대전고등법원 2019.10.18 2019노305
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the court below (one-year imprisonment) is too heavy.

2. The Defendant was under heavy stress due to the unstable economic condition or unstable psychological condition, etc. of the instant crime, and seems to have been somewhat deteriorated the ability to properly determine the instant crime on the day of the crime.

In such a situation, the Defendant took a knife without the sea at night, and sought the house of a neighbor who is not in a usual conflict relationship, and committed the instant crime, which resulted in the death of the victim. The Defendant, who argued the criminal intent of murder, appears in the appellate court to have the attitude of acknowledging and opposing his mistake.

The defendant's punishment system is also close to the defendant's wife, and the defendant's wife is resisting simply.

However, if a person's life is lost, it shall not be infringed upon at all times, and the state and society shall also protect it as the highest value. As such, in order to keep the value of it socially, it is necessary to take more strict and strict responsibility for the crime of murder that infringes on it in order to keep it at a boundary where it is evaluated as thunder, even if it is high in value.

With respect to the Defendant’s crime of this case, if the victim resisted the Defendant at the time and did not control the surrounding people, the victim was made clear that he would lose his highest life, on the face of the Hasheterter.

In the process of the victims, the victims suffered physical damage from the knife in many parts of the military, such as head and head, and the stability and peace of the residence are considerably infringed, and the mental damage caused by the infringement is also not much significant, and the damage has not been fully restored until now.

The defendant was unable to receive a written answer from the victim.

The defendant is in the same kind before seven years have elapsed.

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