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(영문) 서울고등법원 2013.04.04 2012노4501
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In view of the fact that there are no circumstances to consider the motive of the Defendant’s motive for committing the crime and that the circumstances of the crime are not good in terms of the method of committing the crime, the lower court’s punishment (three years of imprisonment and five years of suspended execution) is too uneasible and unreasonable.

2. The judgment of this case is that the defendant gets the head of the victim living together with the wall, steals the victim's cash card thereafter, and then withdrawn 12 million won in total.

Considering the fact that the defendant gets the head of the victim due to the brick prepared in advance, or the reason why the cash card was stolen after then, the circumstances of the crime are not good.

However, in the case of attempted murder, the following facts are considered: (a) the Defendant violated his act during the commission of the crime; (b) the Defendant took off his act while committing the crime; and (c) the victim took care of the victim as a hospital; (b) the victim took care of the two scams requiring approximately three weeks of treatment; (c) the Defendant returns his mistake in depth; (d) the Defendant returned a considerable part of the Defendant’s theft; and (e) the Defendant agreed to pay KRW 10 million for the victim; and (e) other factors such as age, character and behavior, environment, family relationship, motive and consequence of the crime; and (e) the recommended sentences in the sentencing guidelines established by the Sentencing Commission, including the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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