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(영문) 대전고등법원 (청주) 2017.02.02 2016노182
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five years of imprisonment) is too unreasonable.

2. The Defendant made a confession and reflect on the crime of this case from an investigative agency.

Defendant

The defendant seems to have committed the crime of this case in a contingent manner while married couple had considerable harassment from victims.

Even if the defendant deposited KRW 10 million for victims in the court below, it is favorable for the defendant.

However, the crime of this case is very dangerous that the defendant attempted to kill victims with the kitchen knife, so the method of crime is very dangerous, and the result is very heavy to commit the crime.

Even in light of the fact that the defendant suffered considerable harassment from the victims, the crime of this case cannot be justified if the defendant attempted to infringe on the life of a person who is the most severe legal interest in protection.

The victims seem to have suffered considerable mental impulse and pain due to the crime of this case.

Nevertheless, the Defendant did not reach an agreement with the victims until the time of the trial.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the lower court’s sentence is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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