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(영문) 서울고등법원 2016.04.12 2015노3553
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (five years of imprisonment, confiscation) is too unreasonable.

2. The judgment below held that ① the defendant committed each of the crimes of this case under the mental and physical weakness because of the victim’s assault from the victim, ② the crime appears to have been committed in the state of mental and physical weakness, ② the defendant committed the attempted crime, ③ the defendant committed the attempted crime, ④ the defendant committed a misunderstanding, ④ the agreement with the victim G, ④ deposited 4 million won for the victim F, ⑤ the defendant’s favorable circumstances in favor of the defendant, such as the fact that there was no record of committing the crime in the Republic of Korea, ⑤ the defendant brought the victim’s mind to murder, and ② the defendant brought the victim’s knife, which is a deadly weapon, and caused the victim’s knife portion of the victim’s F, which falls under the upper part of the human body, twice the left part of the victim’s knife, passed through the complaint of the victim’s G, ④ the victim’s right hand over, and the defendant was sentenced to the sentencing guidelines set forth in the Supreme Court Decision.

The lower court’s determination of sentencing seems to have been made within the scope of reasonable sentencing discretion, taking into account the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, motive and background of crime, means and consequence of crime, and the circumstances after the crime, and there were no circumstances suggesting the change of the lower court’s determination in the trial.

The defense counsel argues that the court below deemed the crime of this case as a planned crime and considered it as an aggravated factor among the special sentencing factors. However, the defendant brought a deadly weapon by leaving the victims and the victims at singing and in house.

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