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(영문) 서울고등법원 (춘천) 2019.11.27 2019노168
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the defendant is the favorable condition for the defendant, such as the confession and reflection of the defendant when it comes to the trial, the fact that the defendant appears to have suffered violence from the victim in the course of the occurrence of the case, and the fact that the defendant partly compensated the victim.

However, in this case, when considering the fact that the defendant tried to kill the victim in knife with knife during the defendant's dispute over the defendant's knife for reasons of death, the victim's death could have been serious result, the victim's injury is not somewhat weak, and the victim's physical and mental suffering could be seen as being suffered considerable physical and mental suffering. Nevertheless, in addition to these circumstances, the court below's punishment is disadvantageous to the defendant. In addition, the court below's punishment is within the scope of the recommended sentence according to the sentencing guidelines (two years to eight years, and the mitigated area), there is no special change of circumstances that would vary in the punishment in this court, and all the sentencing factors in the proceedings of the pleading of this case, such as the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime, it cannot be deemed that the court below's punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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