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(영문) 대구고등법원 2016.02.16 2015노640
살인미수등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. First Class I (No. 2), seized first Class (No. 2);

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable and unfair (the Defendant asserted that there was an error of misunderstanding the facts in the lower judgment, but the Defendant withdrawn the said assertion on the first trial date at the trial date at the first trial of the lower court). (b) The sentence of the lower court is too uneasible and unfair.

2. The judgment of the court held that the Defendant brought an injury to the victim on the ground that the victim, who was the former wife, was living in another male, and thereby, was ordered by the court to prohibit access to the victim, but the victim was laid in the passenger car, left the human body of the victim, flicker, flicker, flicker, and tried to kill the victim, and driven a motor vehicle under the influence of alcohol.

The above crime by the defendant is very poor in light of the law and content, and in particular, the crime of attempted murder may cause serious danger to the life of the victim.

Moreover, the Defendant was sentenced to criminal punishment for fraud, and was released on November 27, 2014, and for whom four months have not yet passed since the release, the Defendant committed the instant crime again during the period of repeated crime.

On the other hand, even after divorce, the Defendant seems to have caused the instant crime by excessive gathering and suspicion of the victim while the Defendant was actually in a marital relationship with the victim.

When the Defendant was trying to murder the victim at the time of the instant case, he voluntarily renounced the crime, and thereby, the said crime was attempted.

The defendant recognized that all crimes were committed in the past when the defendant was committed, and reflects the error in depth, and based on such attitude, the injured person received the victim's letter and was in the preference against the defendant.

In addition to these circumstances, the Defendant’s age, sex, environment, and motive, means, and consequence of the instant crime are followed.

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