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(영문) 대전고등법원 (청주) 2015.05.07 2014노220
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, five years of suspended execution, and two years of probation) of the lower court is deemed unreasonable;

2. In the crime of this case, the crime of this case was committed with the victim's life, living together with the victim who had been living together with the victim who had been living together with the victim at the time when the victim had been living together with the victim's baby at the time, and with the victim's personal shoulder and right shoulder, the part of the victim's left shoulder and right shoulder, the right shoulder part, the snowbrow, the front part, the snowbrow, the left hand part, etc. are differentiated and the nature of the crime is very poor, and the defendant threatened with excessive awareness of the victim in the course of the crime, and it seems that the victim and flick awareness were faced with considerable mental shock. More than anything else, the crime of infringing on the victim's life, which is a valuable value, requires strict punishment for the crime of attempted punishment. The same applies to this case, the defendant's personality and behavior, the method and result of the crime of this case, the defendant's criminal punishment after the crime of this case, and the defendant's criminal punishment for the victim's injury is not committed in compliance with the sentencing guidelines.

The grounds for appeal are justified.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

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