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(영문) 광주고등법원 2018.08.23 2018노90
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The Defendant: (a) knife the new wall on the ground that the victim D, who was a previous bridge, did not assault himself; (b) damaged property by intrusioning on the house of the said victim; (c) threatened the mother of the said victim; and (d) attempted to kill the said victim’s chest and bucks with knife.

In light of the methods, contents, etc. of each of the crimes in this case, the nature of the crime is very bad.

The above victim suffered an injury on the knife with knife and the heart knife with knife, etc., and the degree of injury also is not easy.

The above victims suffered from severe physical pain, and now, they have complained of uneasiness.

Until this Court, the defendant was unable to receive a letter from the victims.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sexual conduct, environment, family relationship, health status, and circumstances after the commission of the crime, the murder crime was committed with multiple attempted crimes, and property damage caused by the crime of destroying special property is relatively minor, and the Defendant has no record of criminal punishment and has a depth of his/her mistake, etc. taking into account the circumstances favorable to the Defendant, it does not seem that the lower court’s punishment against the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.

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