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(영문) 광주고등법원 (전주) 2015.07.21 2015노104
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In the case of the crime of this case, if the defendant attempted to kill the victim with the kitchen knife, then the crime of this case shall not be less than the punishment for such crime due to the attempted crime;

On the other hand, however, when the defendant heard a decoration from the victim, he seems to have reached the victim's death as a result of the crime of this case, and even if he did not reach the victim's death, he seems to have been recovered to the extent that he does not interfere with his activities (the trial record No. 140), the victim's wife has been tried again by agreement with the victim (the trial record No. 38, 140 pages), and the defendant does not have a criminal record except for those who were sentenced to a fine of KRW 300,00 for obstruction of performance of official duties on May 200, and the defendant supports his wife and six children at present.

In addition, considering all the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below against the defendant is too uneasible and unreasonable

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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