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(영문) 서울고등법원 2014.04.24 2014노579
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 one of the following facts: (a) the Defendant committed the crime of this case in a usual manner and attempts to kill the chest and the clothes of the victim, who is a dynamic living together with the Defendant, disregarding her mother, with the kitchen knife; and (b) the victim, due to the Defendant’s crime, was seriously injured by the Defendant, such as the flife sof, the flife, the flife body, and the part of

However, even though the defendant committed the crime of this case on the ground that he did not participate in the crime of this case, he was trying to promptly move the victim to a hospital and immediately rescue the victim, the victim is receiving proper treatment and is claiming the preference against the defendant, the defendant has faithfully supported his family, and there is no special criminal punishment against the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, circumstances before and after the crime, etc., various sentencing conditions as shown in the instant pleadings, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair. 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 as it is without merit. It is so decided as per Disposition.

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