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(영문) 서울고등법원 (춘천) 2019.07.03 2019노68
강도살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) and the defense counsel withdrawn the allegation of mistake of facts, misapprehension of legal principles, attempted suspension, and mental and physical disorder on the first trial date of the court.

The punishment of the court below (20 years of imprisonment) is too unreasonable.

2. The circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime from the investigative agency and showed the attitude against this court, that his family and branch members want to leave the defendant's wife against the defendant, that the defendant does not have the same power, and that the crime was committed against the attempted crime.

On the other hand, the defendant committed the crime of this case with the intent to attract property through gambling and forcibly take money and therefore the motive for the crime was poor, the defendant visited the pension of this case with a deadly weapon, and confirmed the internal situation by visiting the pension of this case, and then committed the crime of this case in an attempt to forcibly take money and valuables from the victims, the victims' resistance and planned crime of this case, the victims caused serious physical and mental harm to the victims through a cruel criminal act that burgs the victim's head head with several times, and the crime of this case was committed by F, his father E, who was the victim E, who was in the pension of this case, reported it to the police with a cell phone and requested for assistance in the surrounding area. The victims renounced the operation of the pension of this case after this case, the victims suffered from the damage of the victims, appears not to have been able to have been able to recover from the situation, and the defendant was actively deprived of the defendant's escape from the investigation agency to the victim's escape after the commission of the defendant, etc.

In addition to these circumstances, there is no special change in circumstances that could vary in punishment from the original court to the court, and the original court.

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