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(영문) 광주고등법원 (제주) 2016.07.20 2016노40
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a three-year imprisonment and confiscation) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the injured party, upon agreement with the injured party, wanted to take the preference against the defendant, that the defendant recognized the crime in the trial and reflected it, and that the defendant took the injured party before the hospital emergency room at the victim's request after the crime was committed.

On the other hand, considering the fact that the defendant prepared to commit the crime in advance and tried to kill the victim, the danger of the tools of the crime in this case and the method of the commission of the crime in this case, etc., the defendant's criminal act could lead to a serious result that could not be followed by the death of the victim, the injury suffered by the victim is not less easily, and the shock of the victim seems to be reasonable, etc. are disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and sentencing guidelines, etc., the sentence imposed by the lower court is too unreasonable since the sentence imposed by the Defendant is too unreasonable.

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

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