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(영문) 서울고등법원 2013.12.06 2013노3083
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (unfair punishment) reflects his fault, etc., the sentence of the court below (six years of imprisonment) is too unreasonable.

B. In light of the importance of the instant crime and the fact that the victim’s damage caused by the instant crime was not recovered, the sentence of the lower court is too uneasible and unfair.

2. The judgment of the defendant made a confession of all of the crimes of this case and against the mistake, the crime of this case was committed, the defendant did not have any appraisal of the victim because he was unable to receive the loan from the victim for a considerable period of time, the defendant appears to have committed the crime of this case without being able to do so in the course of doing a dispute with the victim while under the influence of alcohol at the time of the case, and the victim appeared to have committed the crime of this case. The defendant deposited 5 million won for the victim at the time of the trial and deposited 5 million won for the victim. The above amount seems to be considerable amount for the defendant who is engaged in landscaping, and the crime of this case favorable to the defendant, such as the fact that the defendant had no criminal record before the crime of this case, was committed, and the defendant demanded to complete payment of the money borrowed from the victim's singing, and even after the crime of this case was committed, it was possible that the defendant knife k's chest would have been able to take part in the victim's breast body, and prepared to kill the victim's body.

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