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(영문) 서울고등법원 2013.09.05 2013노2381
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. It is recognized that the circumstances, such as the recognition of the instant crime by the Defendant, and the depth of the instant crime, the Defendant appears to have committed the instant crime, the fact that the Defendant had no record of criminal punishment in the Republic of Korea, and the Defendant deposited KRW 5 million for the victim.

However, under the influence of this case, when the victim, etc., who is an employee by avoiding disturbance from the main point of view requested that the victim, etc., who is an employee by avoiding disturbance be cherb, this case attempted to kill knife with the victim's left chest and part below knife at a nearby street point, but attempted to do so. Even though the defendant did not have considerable circumstances to be able to be specially informed, the defendant went out to murder the victim, and the defendant purchased knife with the defendant's awareness of being asked for delivery from his employees, and it is difficult to view the crime of this case as an contingent crime by taking advantage of the defendant's awareness of being flife at the nearby street point of view that it is difficult to view the victim as committing the crime of this case, the victim was under comprehensive efforts to punish the victim's mental harm and physical harm after the defendant's act of this case, such as blood ple, blood mouth, damage caused by the 4 weeks or more, damage to the defendant's body and mental suffering or physical harm after the defendant.

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