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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.01.16 2019노443
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six years of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. The judgment is the highest legal interest of the State and society to be protected by the State and society, and the act of infringing upon it is a serious criminal act that cannot be justified. Although the defendant committed an attempted crime, it is necessary to strictly punish the act. The defendant attempted to kill the victim by attaching the body of the victim before the victim's house, which is not very good in light of the cruelness of the crime in the crime in this case. The victim's face, body, body, body, body and bridge, etc. is very serious in the degree of injury by suffering 34%, the victim suffered considerable physical and mental pain and shock due to the crime in this case. The victim's wife and son also appeared to have suffered considerable mental pain and shock by directly witnessing the victim's damage situation at the scene of the crime in this case, it cannot be deemed that the defendant made efforts to recover the victim's damage, and the defendant was unable to receive a strict punishment from the victim up to now.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case, the crime of this case was committed in the attempted crime, the fact that the defendant voluntarily reported the crime of this case 119 after the crime of this case, the defendant talked with the victim about the unpaid wages, and heard the desire from the victim, and led to the crime of this case, and there is no record of criminal punishment against the defendant.

The above circumstances and the sentencing revealed in the trial process of this case are as follows.

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