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(영문) 광주고등법원 (전주) 2019.10.22 2019노158
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below that sentenced five years to the defendant is too unreasonable.

Judgment

The following are the circumstances that are favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) the Defendant committed murder; (c) the Defendant appears to have been under the influence of alcohol at the time of the instant crimes; (d) the Defendant partly compensated for the damage incurred by the destruction of property; (c) the Defendant was not guilty; and (d) the Defendant’s health is not good.

However, the defendant attempted to kill the victim immediately after hiding the knife in the newspaper and entering the main points of the victim.

The defendant has reached knife the part of the victim, and the victim has never reached the wind to prevent the victim from having his left arms rapidly, but there have been 7 cm in length, 1 cm in length on the left part of the victim, 2 cm in depth on the part of the ship, 1 cm in length on the part of the ship, 3 cm in depth on the part of the victim.

The victim escaped from the knife to the knife, and then sent the victim to the knife, and the defendant concealed the knife in the newspaper and found the victim.

The defendant was unable to receive a letter from the victim until the appellate trial.

The defendant has been punished several times due to violence, damage to property, etc.

These points are disadvantageous to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, 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 exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing.

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