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(영문) 서울고등법원 2019.05.09 2018노3585
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, and confiscation) is too unreasonable.

2. The Defendant did not plan to murder the victim from the beginning, but appears to have committed the instant crime by interesting in a dispute with the victim.

The Defendant reported 119 immediately after the instant crime.

At present, the defendant recognized the crime of this case and repented the mistake in depth.

In agreement with the victim, the victim expressed his/her intention that he/she does not want to punish the defendant.

These circumstances are favorable to the sentencing of the defendant.

However, these various circumstances seem to be fully considered when the defendant asserts in the original trial or when the court below determines the punishment.

Furthermore, taking into account the above circumstances and the various circumstances described in the “decision of sentence” column of the lower judgment, the Defendant’s age, character and conduct, environment, relationship with the victim, motive of the crime, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion.

Since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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