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(영문) 대전고등법원 2014.12.29 2014노498
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (three years of suspended execution in two years and six months of imprisonment) is deemed to be too unhued and unfair.

2. In light of the fact that the crime of this case in which the defendant had a good appraisal is trying to kill the victim and attempted to do so, and that the crime is very serious, and that the defendant has a record of punishment several times of violence, there is a reasonable aspect of the prosecutor's argument that the defendant needs to be punished strictly.

However, in light of the fact that the Defendant committed the instant crime under the influence of alcohol, the Defendant committed the instant crime in a contingent manner, the Defendant agreed to pay medical expenses and consolation money, the Defendant’s family members to support the Defendant, the Defendant’s confessioning the Defendant, the Defendant’s act of violence, the Defendant’s most of the criminal records prior to the Defendant was fine, and the Defendant has been sentenced to a fine for at least ten years (the recent previous criminal records are KRW 3 million), and the Defendant has an opportunity of reflect in the state of detention for a considerable period of time in the lower court as the instant case, it is difficult to view that the lower court’s sentencing, adding probation to the sentencing guidelines of the Sentencing Committee, is unfair to the extent that it is to reverse this.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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