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(영문) 부산고등법원 2019.01.10 2018노576
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair) is that the sentence imposed by the lower court (five years of suspended sentence for imprisonment with labor for three years) is too unfeasible, taking into account the victim’s upper part and degree, the Defendant’s attitude after committing the crime, etc.

2. The court below determined the above punishment by taking into account the following circumstances: (a) the crime of this case was committed by the victim’s crime of this case, which led to damage to the left-hand beeral beer; (b) the victim suffered a large amount of wound by drilling, etc.; and (c) the victim was able to die within one hour from excessive blood transfusion if left alone; (d) the victim and the victim were living together for two years; (e) there was a dispute between the victim and the defendant; and (e) the victim was able to exercise violence against the defendant at the time of the crime of this case; (c) there was a dispute between the victim and the defendant; (d) there was only one time before the suspension of the sentence of this case; (e) the crime of this case was committed by the defendant only once, and (e) the victim was committed with attempted crimes; and (e) the victim did not want the punishment of the defendant by mutual consent.

In full view of the grounds for sentencing as stated by the lower court, Defendant’s age, character and conduct, family environment, motive and background of the crime, the means and consequence of the crime, etc., as indicated in the arguments, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is excessively uneasible.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.

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