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(영문) 서울고등법원 2017.08.24 2017노1830
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the court below on the defendant (a punishment of imprisonment with prison labor for three years, a suspended sentence of five years, community service and an order to attend a course, confiscation) is too uneasible and unfair

2. In light of the victim’s superior position and degree, the risk of the criminal attempt, etc., the Defendant’s liability is less and less than that of the victim;

shall not be deemed to exist.

However, the Defendant appears to have committed the instant crime by contingency, reflects the Defendant’s mistake in depth with the beginning offender who has no criminal history, and agreed with the victims. The victims complained of the Defendant’s wife, the Defendant is the most congested child who is born in 2007 after having divorced with his wife, and the Defendant has recently undergone a brupt surgery, and the Defendant’s mother is also subject to a diagnosis of brain cerebral body, and is not healthy.

In full view of the overall conditions of the arguments and the sentencing indicated in the records of the instant case, such as the Defendant’s age, character and character character, intelligence environment, motive means of crime, and circumstances after the crime, along with the aforementioned unfavorable circumstances, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit, and the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, but pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the court below's ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure, determined as follows: "The leisure blade (18cc in total length, approximately 8cc in length, about 8cc in length, about 18cc in total, about 18cc in length, and about 8cc in length)" and the correction of "five years" in the first behavior of the sixth side as "three years and four months".

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