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(영문) 대구고등법원 2013.09.05 2012노653
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four years of imprisonment with prison labor for three years, four years of probation, and three years of probation) is too unhued and unreasonable.

2. In 2006, the Defendant was sentenced to a punishment due to assault, murder, etc. and a fine due to an injury in the year 201.

The crime of this case is committed by the Defendant by purchasing two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake.

The victim D did not have any standing due to the instant crime, and the degree of injury of the victim K is very minor.

All victims appeal against the defendant without wanting to punish the defendant.

The Defendant has an infertility, alcohol dependence, and detailed inorganic inorganic mental disorder. After committing the instant crime, the Defendant was hospitalized at a hospital, etc. after committing the instant crime.

These circumstances are favorable to the defendant.

In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, various circumstances that may be the conditions for sentencing, such as the motive, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines for the crime of this case (one year to seven years), and the scope of the recommended sentence according to the sentencing guidelines for the crime of this case (the crime of attempted murder): Imprisonment from one year to six years [the crime group of suicide, attempted crimes, type 2, special mitigation [the crime of attempted murder], special mitigation range]. (2) Concurrent crimes [the crime [the crime of violation of the Punishment of Violence, etc. Act (including no injury: the crime of violence, the crime of repeated injury, special mitigation range, type 1, and special mitigation range)].

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