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(영문) 광주고등법원 (전주) 2013.06.18 2013노103
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to three years of imprisonment, four years of suspended execution, and two years of probation) is too unhued and unreasonable;

2. The crime of this case committed by the Defendant, while in dispute with the victim, attempted to murder the victim’s right chest, left part of the knife, etc. four times with the victim, but is in such attempted crime. In light of the method of the crime, etc., the Defendant’s liability for the crime cannot be deemed to be light.

However, the degree of damage to the victim is about 2 weeks requiring medical treatment, and the crime of this case is about 71 weeks old, the defendant is over 71 years old, the defendant has no record of crime before this case, the defendant has led to all of the crimes of this case in this court, and the defendant shows an attitude of confession and reflect against it, the victim did not want to be punished by agreement with the victim, and other circumstances, which are conditions for sentencing as shown in the records, such as the defendant's age, character, conduct, intelligence and environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, are considered as inappropriate.

The prosecutor's assertion of unfair sentencing is without merit.

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

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