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(영문) 서울고등법원 2013.06.13 2013노707
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of imprisonment with prison labor (two years and six months and confiscation) of the lower court is too unreasonable.

B. Prosecutor: The sentence of the court below is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant, in the air room of the article, brought the knife knife while being kept in the cargo, brought the knife knife in the air room of the article, knife the knife of the victim’s left chest, and attempted to kill the victim, with the knife the knife of the article air knife, and knife the victim’s left chest, without any circumstances to obtain special knife, taken the knife and knife the face of the knife from the knife of the knife, without any circumstances to obtain special knife the knife from the knife, and even if the k

However, the defendant committed a contingent crime by breaking the defendant's assault in the course of seeing that he was committed, and the degree of injury suffered by the victim is not much serious to affect his life; the defendant is not punished by the victim under the agreement with the victim; the defendant confessions the crime and reflects his mistake; the defendant has no record of being punished by a fine; the defendant raises children who are divorced from the former wife and is living alone on April 2001; the defendant raises a baby by getting divorced and being divorced from the former; the defendant has a serious disease, such as his age, character, conduct, occupation and environment; and other various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, occupation and environment, and the sentence of the court below's sentencing range based on the sentencing guidelines; (1) The sentencing range of imprisonment with prison labor for 6 years to 10 years; and (2) the maximum sentencing range of imprisonment with prison labor for the above 13 years to 20 years; and (3) the maximum sentencing range of imprisonment with prison labor for the above 13 years.

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