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(영문) 서울고등법원 2016.11.25 2016노2083
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment, confiscation) of the lower court is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where: (a) the victim, who is the president of the Kind's house, and the victim, who is the president of the Kind's house, have been disputed by telephone; and (b) the nature of the crime was bad; and (c) the victim appears to have suffered a considerable mental or physical pain due to the crime of this case.

However, the defendant shows the attitude that the defendant repents his wrong and reflects his depth late, and the defendant has suffered a lot of pain due to health problems, such as going in the state of artificial resistance after the operation of the captain (three years), such as going through an operation to restore the text of his body, which makes it impossible to seek occupation for a considerable period of time, so it has been paid only at home for a considerable period of time, which led to the crime of this case under the influence of alcohol while under the influence of alcohol. In addition to being sentenced to a fine on one occasion in around 202, the defendant has no previous violent offense, other than being sentenced to a fine on one occasion in around 202, the defendant has a child who should support the defendant, and the defendant has not want the punishment of the defendant by agreement with the victim.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, all of the sentencing conditions shown in the records, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case (one year to eight years of imprisonment) shall be sentenced to two years and four years and eight years (the lowest sentence of recommended punishment shall be reduced to 1/3, and the upper limit shall be reduced to 2/3) (the minimum sentence of recommendation shall be mitigated to 1/3), and the suspended sentence shall be sentenced to 2/3) (including the defendant's age, character and behavior, environment, motive and circumstance of the crime, the method and consequence of the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case.

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