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(영문) 대전고등법원 2020.04.10 2020노34
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The lower court determined that the Defendant’s punishment against the Defendant was imposed on the following factors: (a) considering the following factors: (b) in light of the Defendant’s mind that the Defendant would die her mother in the instant crime; (c) attempted to catch two arms of his wife, who is only five years old from the window outside of the window on the sixth floor of apartment house; and (d) attempted to drop away from the window; and (c) was highly dangerous in committing the instant crime, and the nature of the crime was bad; (d) the Defendant’s mistake was acknowledged; (c) the Defendant’s attempted to commit the instant crime by themselves; (d) the Defendant’s attempted to commit the instant crime; and (e) the Defendant’s attempted to commit the instant crime; (e) the Defendant appears to have been committed by himself; (e) labor-management disorder or depression, which might have affected the instant crime; and (e) the Defendant’s favorable treatment to the Defendant; and (e) taking into account the Defendant’s age, character and behavior, environment, motive and circumstances after the instant crime.

In full view of the factors that serve as the conditions for the sentencing specified in the sentencing review process of the lower court, the applicable sentences under the law, and the scope of the recommended sentencing guidelines, etc., the lower court’s sentencing judgment, even if escaping from the lower limit of the sentencing guidelines, is not deemed unfair because it goes beyond the reasonable limit of the discretion, and there is no change in the sentencing conditions, such as where the Defendant takes measures to borrow letters from the victim or the mother of the victim or to compensate for damages, etc.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

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