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(영문) 대구고등법원 2016.06.02 2015노548
살인미수등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this ruling shall have become final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed with the mind that the defendant had been informed of the victim D who was in internal relations with him, and found in the emergency room of the I hospital that he was hospitalized, and knife knife knife knife. In the process, the crime of this case was obstructed by the emergency medical services provided by the above hospital, and the crime was not less than knife in light of the content of the crime and the method of the crime.

There was a serious risk to the life of the victim D.

On the other hand, the Defendant led to the confession of the instant crime and reflects the mistake.

The Defendant committed the instant crime with no record of criminal punishment so far, while suffering from mental illness such as depression and depression for not less than 20 years, the Defendant committed the instant crime with weak capacity to discern things or make decisions.

At the time of investigation, the defendant has already received a letter from the victim D, and there was an agreement with the department of I hospital in the first instance, and the victim D's health has also been restored.

The family members of the defendant give medical treatment and care to the defendant.

In addition, it seems clear that social ties, such as the birth of the wife, seems to be clear.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, which are the conditions for the sentencing as shown in the records of the instant case, the sentence to the Defendant is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Criminal facts and the summary of evidence recognized by the court of final judgment】

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