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(영문) 서울고등법원 2016.08.31 2016노1990
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. The crime of this case is determined by the following facts: (a) while the Defendant was arguing with the victim who was living together with the Defendant, it is excessive in the Defendant’s room by breaking it over; (b) the victim, etc. who was on the road; and (c) the escape gets off the victim, and the victim’s chests and clothes on the chest side of the victim, which require approximately four weeks of medical treatment; and (d) the degree of injury suffered by the victim, which is highly dangerous, is also somewhat weak.

Nevertheless, there has been no particular recovery of damage until now, and it has not been used by the injured party.

Such circumstances are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant, such as the fact that the defendant tried to commit a contingent crime while disputing the victim, the fact that the defendant directly made a report call to 119 after the crime, and all of his mistakes are recognized.

In light of these circumstances, in full view of all the sentencing conditions shown in the pleadings of this case, including the defendant's age, sex, environment, etc., the sentence imposed by the court below is too heavy, or it does not seem unfair because it is too low.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds.

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