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(영문) 대구고등법원 2016.01.14 2015노528
살인미수
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of five years from the date this judgment becomes final and conclusive shall be the same.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) of the lower court is too unreasonable because it is too unreasonable (the Defendant asserted that there was an error of mistake as to facts in the lower judgment, but the Defendant withdrawn the above argument on the first trial date of the first trial of the first instance court). 2. The instant crime of this case was committed on the part of the Defendant, who attempted to kill the victim who is his wife in a knife, and it is not easy to commit a crime in light of the applicable law and risk of the crime.

The victim seems to have suffered significant shock and physical and mental pain due to the above crime by the defendant.

On the other hand, the Defendant did not have any history of criminal punishment prior to the instant crime, and runs counter to his own mistake in depth.

The defendant thought that the victim is winded with another male and female while making a dispute frequently with the victim's demand for divorce from the victim, and that the photograph, etc. affixed by his/her cell phone as an unfolded evidence is deleted, and the victim seems to have committed the crime as a result of contingent action while making a more doubt about the victim.

The victims received medical treatment after the instant case and restored their health.

The victim, after having agreed with the defendant at the court below, was present at the court of the first instance and had the intention to continue to maintain the marital life with the defendant in the future, wanted to keep the next defendant's wife.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the Defendant is deemed to be unfair because it is too unreasonable for the lower court to sentence the Defendant.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, Article 364 (6) of the Criminal Procedure Act is applicable.

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