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(영문) 광주고등법원 2017.06.15 2017노71
살인미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable because of the above excessive punishment of the court below (three years of imprisonment with prison labor), and the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, on the other hand, the victim F, who is the resident of an apartment in a usual conflict with regard to apartment management, etc., and planned murdering the victim I and G by preparing knife and sand in advance. In light of the motive, circumstance, and method of the crime, the victim seems to have suffered serious mental shock in this case, and the fact that the defendant did not receive a letter from the victims, etc.

The following are the circumstances that are favorable to the defendant: (a) the defendant has led to the confession of all crimes; (b) there is no significant penalty in addition to the fine; (c) the elderly is not more severe; (d) the victim G and F are not much severe; and (e) the defendant made efforts to recover damage by depositing money to the victims up to this court; (d) the defendant has partially borne the medical expenses of the victim I; and (e) the defendant's children and his children want to take the Defendant's preference.

When considering such circumstances as character and behavior, environment, circumstances after the crime, and circumstances after the crime, the punishment imposed by the court below is too heavy or unfasible to the defendant, even if considering all favorable or unfavorable circumstances of the defendant.

All of the arguments of the defendant and the prosecutor are not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed as all are without merit.

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