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(영문) 서울고등법원 2018.11.09 2018노2423
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The sentence imposed by the court below (one year and six months of imprisonment and three years of suspended execution) on the defendant unfairly sentenced to the sentencing is too uneasy and unfair.

2. The crime of this case committed by the Defendant is a matter of attempted crime by assaulting the victim first while the victim was in a conflict with the victim due to a minor problem, and having a knife at the defendant's house in the neighborhood without participating in the attack, and having an approach to murdering the victim, while approaching the victim's knife at the defendant's house in the neighborhood, the victim's knife away from the victim's fl

The defendant had a knife with the mind of murdering the victim for a minor reason and accessed the victim. When the fire station rescue crew members in the vicinity of the manife did not restrain the victim, it seems that the actual victim could have suffered serious danger and injury.

In light of the Defendant’s past criminal records, the content and character and conduct of the instant crime, etc., the Defendant did not participate in the instant simpleization in the future and is likely to lead to violent crimes, and thus, the risk of recidivism is high.

However, the Defendant’s crime of this case was attempted, and the victim did not have any injury due to the instant crime.

The defendant recognized the crime from the beginning and reflects his mistake in depth, and the injured person does not want to be punished against the defendant by mutual consent with the victim.

The defendant was under brain cerebrovascular disease in the past two times, and seems to have weak separation ability and strong tendency of decentralization with intellectual disability 2 level. The defendant's family members are guiding and arranging so that the defendant will no longer commit a crime if the defendant returns to society later.

There are many things.

As to the crime of this case, a judgment shall be rendered together with the crime of injury to the existence of judgment, etc.

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