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(영문) 광주고등법원 (전주) 2020.02.10 2019노248
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below that sentenced the defendant 7 years of imprisonment is too unreasonable.

Judgment

The fact that the defendant recognized the crime and reflects his mistake, that the murder crime is committed against the attempted crime, and that the defendant does not have any record of criminal punishment except the suspended sentence of imprisonment for violating the Military Service Act on December 24, 1974.

On the other hand, the crime of this case is committed by the victim who is the spouse of the victim who was living separately by the defendant, by threatening murder by telephone, and then is attempted to kill the victim who returned home in the house of the victim. The act of infringing the victim's life, which is the highest legal interest protected by the law, and the most valuable value, regardless of its reason, constitutes an absolutely unacceptable serious crime, regardless of the fact that the act of infringing the victim's life, which is the highest legal interest protected by the law, constitutes an act of infringing the victim's life, which is the most valuable value. The defendant was taken away from the victim's head at the time of the victim's head at the time of the victim's head at around 30 meters, and the victim suffered serious bodily injury, such as the occurrence of cerebrovassis and the interruption of two parts of the body, and it appears that it is difficult for the victim to recover from the victim's mental and physical suffering and damage caused by the crime of this case. The victim's severe punishment is a normal situation unfavorable to the defendant.

In full view of the above circumstances, including age, character and conduct, environment, motive and means of crime, and consequence, etc., as well as factors favorable to the defendant, the sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime was committed, and the sentencing conditions after the sentence of the lower judgment, no particular changes in circumstances are found, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant was exceeded

Therefore, the defendant.

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