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(영문) 서울고등법원 2020.12.10 2020노1790
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

One kitchen (No. 1), which has been seized, shall be excessive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of four years, confiscation) imposed by the court below is too unreasonable.

2. The Defendant, while having been in a dispute with the wife B, was flicked by the victim C, who is a fight, and was flicked by the wife B, had two kitchens in both hands and two kitchens of the victims, followed by the head of the victims, and the victim B's side and flick.

As the criminal law of the defendant is very dangerous, the victims could lose their lives due to cerebrovascular or fatal damage in the long term.

The above is the circumstances unfavorable to the defendant.

However, when the defendant was in the trial, the defendant is against all of the crimes of this case.

The victims do not want punishment when they want to take the defendant's wife against the defendant.

Some of the circumstances in which the defendant committed the crime of this case can be considered.

The defendant seems to be responsible for the livelihood of his mother and child, including victims.

Defendant has no record of criminal punishment in the Republic of Korea.

The above is the circumstances favorable to the defendant.

In addition, when comprehensively considering the following factors, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence of the offense, the circumstances after the offense, etc., the sentence imposed by the lower court is excessively unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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