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(영문) 대구고등법원 2017.10.26 2017노327
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the defendant in light of the various sentencing conditions in this case, the punishment sentenced by the court below (the imprisonment of 6 years and the confiscation of white knife excessive knife) is too unreasonable.

In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of the instant case, the following circumstances are the circumstances favorable to the Defendant: (a) when the Defendant was in the first instance, the Defendant appears to have committed the instant crime in an excessive and consistent and contingent manner; (b) the Defendant appears to have committed the instant crime; (c) the Defendant committed an attempted crime; and (d) the Defendant was an initial offender who has no record of criminal punishment.

On the other hand, the crime of this case was committed by the defendant with a sense of peace.

During the continuous gathering of E with regard to E, the male-friendly arrest victim of E would restrain him/her from entering the E house and communicating with E. The victim suffers significant bodily harm due to the defendant's act, such as the victim's life directly affecting the victim's body, and the victim suffers from physical and mental pain, such as the victim's life and body, and the body and face of the victim's body once again, and the victim's body and face are generated. However, the victim was attempted to kill the victim several times, but the crime is very poor in light of the circumstances, method, degree of injury, relationship between the defendant and the victim, and the victim's body and the victim suffered considerable mental pain, such as physical and mental pain, and the victim was unable to suffer from considerable mental pain.

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