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(영문) 부산고등법원 2014.08.13 2014노276
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) by the lower court (two years of imprisonment, confiscation) is too unhued and unreasonable.

2. The crime of this case, in light of the motive and method of the crime, risk, degree of damage, etc., the crime of this case is serious, and the fact that the defendant had been punished several times due to violent crimes, etc. is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant committed the instant crime while intending to commit the instant crime; (b) the Defendant was faced with her mistake in depth; (c) while disputing the victim in a state of mental disorder caused by a man-psyed illness, he appears to have committed the instant crime contingently as the victim threatened himself with her with his own will; (d) the Defendant committed the instant crime; (b) the Defendant did not reach the result of the death of the victim as he attempted to commit the instant crime; (c) the Defendant voluntarily surrendered to the investigative agency; (d) the Defendant did not want the punishment of the Defendant by mutual consent with the victim; and (e) the Defendant’s age, character and environment, motive, means and consequence of the instant crime; and (e) the sentencing conditions indicated in the instant argument, such as the Defendant’s age, character and environment, the circumstances after the crime, and the recommended sentencing guidelines of the

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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