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(영문) 대구고등법원 2017.11.16 2017노411
살인미수등
Text

1. The part of the judgment below on the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

Assumpted (the length of forty. 40.

Reasons

The main point of the grounds for appeal is that the punishment (limited to 8 years of imprisonment and confiscation) imposed by the court below on the defendant, the person who requested the custody order and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unreasonable.

Judgment

Examining the various sentencing conditions of this case on the part of the defendant in this case, the crime of this case was committed against the victim of the site in which the defendant delivered goods to the convenience store. The crime of this case was committed by attempted murder by taking advantage of the victim of the site in which the defendant had been prepared in advance, such as the process of the crime and the interview with the veterinary law, the severity of cruelness of the crime and the degree of damage, etc., are very poor and heavy. Above all, the attempted murdering to infringe upon the life of a person with dignity requires strict punishment as a serious crime that prevents the reason therefor, and is not absolutely acceptable for any defense. The victim, without any reason, was suffering from severe mental symptoms due to damage between the waste and the death and the death, and the defendant was receiving treatment for a long time of hospital without any particular occupation, and thus lacks social ties relation.

On the other hand, however, the defendant appears to reflect the wrongness while committing the crime, committed the crime under the mental and physical weakness due to early illness, and committed the crime in the attempted crime. In particular, in the trial of the party, the victim does not want the punishment of the defendant, the victim bears part of the medical expenses of the victim, and there are no criminal records except for the minor fine sentenced once, and the other factors of the punishment of this case, such as the defendant's age, career, sex, sex and environment, family relationship, health status, motive, means and consequence of the crime, and the circumstances before and after the crime, shall be comprehensively considered.

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