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(영문) 서울고등법원 2014.01.16 2013노3683
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The judgment is an element for sentencing favorable to the defendant, such as the fact that the defendant repents his mistake and reflects it, that there is no criminal history exceeding the fine imposed on the defendant, and that the victim committed an inappropriate act against D which the defendant had attempted to return to the defendant, and that it appears to have reached this case by contingency.

On the other hand, the crime of this case is that the defendant inflicts an injury on the victim's face in the kitchen knife of the kitchen, and the nature of the crime is not good, and the degree of injury is serious, such as cutting off part of the victim's home due to the instant case, cutting off the left part of the victim's hand, and damaging the human price in depth on the knife, and even if the defendant continues to receive rehabilitation treatment in the future, it seems that the remaining disability remains. In full view of all other circumstances such as the defendant's age, character and behavior, intelligence and environment, and circumstances after the crime, etc., the punishment of the court below is not unfair because it is too appropriate and too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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