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(영문) 광주고등법원 2016.12.08 2016노411
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the court below's punishment (two years of imprisonment and confiscation) against the defendant against the summary of the grounds for appeal is too unreasonable, and the prosecutor asserts that the defendant is too uneasible and unfair.

2. The crime of this case is serious as the defendant tried to kill the victim, including the part directly connected to his life through the kitchen knife, and the part of the victim's knife, which includes the part directly connected to his life, and the actual result, such as the crime of this case, is serious as the crime of this case is attempted to kill the victim, and the degree of injury suffered by the victim, etc.

In addition, as the defendant gets together, crimes such as the pattern of behavior with deadly weapons are also inferior.

As a result, the victim seems to have suffered severe physical and mental pain in an emergency where he/she can lose his/her life.

In addition, while the defendant was staying in prison for a lawful period of stay, he committed the instant crime that seriously infringes on the legal order of the Republic of Korea.

However, the defendant made a confession of a crime in the first instance and made a mistake depth-off, the victim's payment of the agreed amount of KRW 7,50,000,00,000 which can be said to be a gold as the defendant, and the victim made a contingent and contingent crime on the victim's thought that the victim would be neglected, and the victim would have committed the crime after committing the crime. After committing the crime, it seems that the victim would have taken measures for relief of the victim, such as making contact with the president of the company he/she works and making a 119 report by himself/herself, and this constitutes a case where the crime was committed in violation of social norms (see, e.g., Supreme Court Decisions 97Do957, Jun. 13, 199; 9Do640, Apr. 13, 199).

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