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(영문) 부산고등법원 2018.07.19 2018노320
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the degree of injury of the victim and the symptoms, when considering the fact that the crime of this case is serious and the victim wants to be punished by severe punishment against the defendant, the sentence imposed by the court below (four years of imprisonment, etc.) is too uneasible and unfair.

2. The Defendant had attempted to murder the victim’s face and part of brue brush, brush, etc., with the victim’s face and part of brue, on the ground that the victim had suffered inconvenience due to not timely repair of the outside toilet. The Defendant attempted to murder the victim’s face and part of brue of brue.

In light of the motive and method of the instant crime, etc., the lower court: (a) decided to impose a sentence less than the lower limit of the recommended sentence according to the sentencing guidelines (a) by taking into account the following: (b) there is a high possibility of criticism in light of the motive and method of the instant crime; (c) the victim suffers from serious obstacles, such as paralysis, etc. due to the instant crime; (d) the victim wanted to be punished; and (e) the Defendant does not endeavor to recover damage; and (e) the Defendant does not make any effort to recover damage; (b) but (c) the Defendant recognized the part of the instant crime; and (d) the commission of the instant crime was committed against the attempted crime.

In addition to the sentencing reasons stated by the court below, the defendant appears to have committed the crime of this case by contingency, the defendant was sentenced to a suspended sentence of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in 2011, but the contents of the crime are relatively minor, since the victim was injured by about 1.5 cm with a knife, and there is no record of punishment for the same crime except that, the defendant is 73 years old, and other various sentencing conditions shown in arguments, such as character and behavior of the defendant, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., are considered as the whole.

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