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(영문) 대전고등법원 2015.12.11 2015노440
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (three years of imprisonment) is too unreasonable.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.

Judgment

The crime of this case is committed by the defendant with the kitchen knife of the victim, and the victim intends to be replaced by the victim, and the crime of this case is not easy in light of the risk of the crime, the details of the crime, etc.

In the course of the crime of this case, the victim suffered serious injury due to the damage to the funeral, bean area, etc.

However, the defendant shows his attitude to recognize and reflect the act in this case itself.

When the defendant, who has been dissatisfied with his idea of disregarding himself, has brought about a dispute with the victim, he seems to have brought about the crime of this case by contingency.

In addition, the murder crime was committed in the course of attempted murder, and the state of the victim seems to have been restored.

As agreed with the victim, the victim is the defendant's wife.

Although the defendant was punished for a fine on three occasions due to the violation of the Road Traffic Act, he did not have any previous convictions related to violence.

In full view of such circumstances as the health status, age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too heavy or less, considering the overall sentencing conditions as indicated in the instant argument.

The judgment of the court below cannot be deemed that the amount of punishment imposed by the defendant, his defense counsel, or the prosecutor has an unreasonable ground, as alleged in the grounds for appeal.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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