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(영문) 서울고등법원 2014.10.23 2014노2150
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (three years of imprisonment, five years of suspended execution) is too unfunied and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, for the following reasons: (a) the defendant fighting on one occasion with the victim and fighting on one occasion; (b) the defendant was unable to conduct appraisal and prepared for the victim's house; and (c) found the victim's house with the victim's house; and (d) the crime of this case was poor in quality to cover the right shoulder part of the victim, etc.; and (c) the victim suffered serious mental shocks, such as flaging on the right shoulder, upper and upper parts, and upper parts of the body, and cutting of blue blus, which require treatment for about six (6) weeks; and (d) the victim seems to have suffered significant mental shocks.

However, since the defendant did not have a good relationship with the ordinary victim, it appears that the defendant committed the crime of this case in the carbook in the state of under the influence of alcohol as the body fighting occurred on the day of the crime of this case, and it is difficult to regard the victim as "the law of the crime of this case", which is the sentencing guidelines for recommending him/her twice the crime of this case, the victim is in agreement with the defendant, and the victim is in the line with the defendant, and the victim does not seem to have any particular obstacle to the victim, and the social relation of the defendant is relatively clear and the detention of the defendant entails excessive difficulty to his/her family members, etc. are favorable to the defendant.

In addition, taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, and various sentencing conditions as shown in the instant argument, including the circumstances before and after the crime, etc., even considering the recommended sentencing guidelines, it is not recognized that the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered as per Disposition.

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