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(영문) 대구고등법원 2016.12.22 2016노536
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed. Accordingly, there is no benefit of appeal regarding the part for which the request to attach an attachment order was filed.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court, and thus, it is limited to the part of the judgment below

2. The main point of the grounds for appeal is that the sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

3. The judgment of the Defendant led to the confession of the crime and reflects the wrongness, and the victim, who was the former wife, did not participate in the sale without the intention of the Defendant’s house.

However, the crime of this case is very serious in light of the contents and methods of the crime, the degree of damage, etc. of the defendant's attempted to kill the victim with knife.

On December 4, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime, etc. that inflicted an injury upon the victim’s head when taking care of the victim’s head, which is a dangerous object at the Daegu District Court, but was sentenced to a three-year suspended sentence. However, one month thereafter, the Defendant re-offending against the victim.

The defendant escaped after committing the crime, and was arrested while living for about one year and four months, and failed to receive a letter from the victim.

In this respect, it is inevitable to strictly punish the defendant.

In full view of all such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, as well as all such circumstances, the lower court’s punishment is an appropriate sentence corresponding to its liability.

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