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(영문) 서울고등법원 2017.11.30 2017노2963
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (five years of imprisonment, confiscation) is unreasonable compared to the extent of the Defendant’s responsibility.

2. The Defendant, without any particular reason, has reached a number of times a victim in a state of secret, who was shower with the kitchen knife of 20cm in length, with the kitchen knife of 20cm. The Defendant, from the third shower room to the first floor, has reached a number of times again the victim who flife and flife with the victim who flife with the escape.

The defendant has reached knife and kniff part of the victim's breast and knife that may result in a fatal result with important long-term, so that the victim's long-term has come out of knife and knife a large quantity of knife so that the victim's life would have been highly likely to be lost, and the victim's health would also be highly difficult to fully recover.

The medical doctor who operated the Defendant also explained that there is a high possibility of death, recovery, and recovery to the persons related to the Defendant and the company, and that there is a high possibility that other organs may be damaged (Evidence No. 206 pages of evidence). Nevertheless, the Defendant did not take any measures to rescue the victim, as well as attempted to escape from the victim who was under the influence of using clothes after the commission of the crime.

In light of the motive, circumstances, means, and results of the instant crime, the nature and circumstances of the instant crime are very good.

The court below considered the above circumstances at a disadvantage to the defendant, but took into account the circumstances favorable to the defendant, taking into account the fact that the defendant led to the confession of all the crimes, and the defendant's family members paid a large amount of money and did not want the punishment of the defendant in the victim's family members, the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court (three years and four months to ten years).

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