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(영문) 대구고등법원 2018.10.15 2018노322
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (three years of imprisonment and four years of suspended sentence) is too uneasy and unreasonable.

2. Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant, who received text messages to the effect that the defendant's corruption (the illegal employment of foreign workers) would be widet to the press unless he paid holiday work allowances from the victim who is not good in appraisal due to the payment of a holiday work allowance of KRW 1.8 million, and that the defendant attempted to murder the victim by taking several dangerous objects, such as the victim's head head, etc., which is a dangerous object in advance, and the victim's head, etc., and requesting the victim to help a restaurant in an adjacent restaurant. The crime of this case is not good in light of the course of the crime, method, criminal implements and degree of damage, etc., the victim suffered serious fear and physical or mental pain due to the defendant's crime, and the victim's punishment is also very important in light of the fact that the victim's death caused danger that may cause the victim's death.

On the other hand, it was argued that the defendant had no intention to commit the crime of this case from the investigative agency, and that the court below did not have the intention to commit the crime of this case, and that all the crime of this case was committed in the first instance, and it appears that the defendant had the time to respond to his mistake through the prison life between about five months, and that the defendant had the time to respond to his mistake through the prison life between several months, and that the victim did not appear to have committed the crime in a planned manner with the aim to escape the unpaid holiday work allowance, and that the victim's corruption is large to the press.

The fact that the crime seems to have been committed with a defect impulses and friendly, that the crime was committed with an attempted crime, and the injury inflicted on the victim is also an open top of two weeks of treatment.

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