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(영문) 서울고등법원 2016.09.21 2016노2080
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

No. 1, 4, 5, 6 of the evidence seized by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below to the defendant is too unreasonable.

2. The crime of this case is not suitable for the defendant to have neglected his reputation against the injured party. The knife knife 17.5 cm in the knife length of the knife where the injured party had been challenged by telephone with the injured party, and the knife knife knife knife knife knife knife knife knife knife knife knife, right side knifbbbbbbbbbbbbs, and knife knife knife knife knife knife knife

The victim suffered significant pain until now due to the crime of this case, which requires at least six months of medical treatment due to the crime of this case, and seems to remain after the death.

Nevertheless, since damage recovery measures for victims have not been taken properly, the victim is punished for the defendant.

Such circumstances are disadvantageous to the defendant.

On the other hand, it is favorable for the defendant to maintain a normal social relationship, such as the fact that the defendant's mistake is recognized, that there is no particular criminal history except that the defendant was punished as a fine once, that the family members of the defendant paid 4,150,000 won to the victim under the name of medical treatment, and that he made efforts to recover the victim's damage by additionally depositing 10,000,000 won in the first instance, and that the defendant's family members and branch members want to take care of the defendant's wife, etc.

In light of these circumstances, in full view of all the sentencing conditions, including the Defendant’s age, sex, and environment, and the scope of the recommended sentence guidelines for the enactment of the Supreme Court sentencing committee, the lower court decided against the Defendant.

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