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(영문) 서울고등법원 2013.07.04 2013노1380
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment, confiscation) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the circumstances such as the confession of the facts charged in this case by the Defendant, and the depth of his mistake, the first offender, the victim does not want punishment against the Defendant under an agreement with the victim, and the appearance between the victim and the wife of the Defendant became the origin of this case.

However, the crime of this case is committed by the defendant's attempted to murder four times in a knife in which the victim was prepared in advance, but the crime is committed, and the criminal quality of the defendant is considerably poor in light of the method of the crime and knife and the part and degree of injury, etc. of the defendant, and other various sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, circumstances after the crime, etc., and the sentence of the court below is the mitigated range of sentencing guidelines for the crime of homicide (special mitigation: inducing victim: knife, nonwon of punishment, and person under special circumstances: planned murder): so, the scope of sentence of recommendation as of the time of the prosecution of this case is two to six years and eight months.

(On the other hand, considering the fact that the scope of the recommendation according to the current sentencing guidelines for murder crimes changed after the prosecution of this case is within 2 years and 4 years to 8 years), the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

Therefore, we cannot accept all the defendant's and prosecutor's allegation of unfair sentencing.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered.

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