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(영문) 대구고등법원 2016.05.12 2016노97
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment) is too unhued and unreasonable.

2. The crime of this case is a case where the defendant tried to kill the victim several times in knife the body of the victim who is his wife, but the crime of this case is very serious in the nature of the crime.

As a result of the defendant's crime, the victim suffered serious injury that requires approximately four weeks of medical treatment, but the defendant failed to receive a letter from the injured party.

On the other hand, the defendant committed the crime of this case against his mistake while committing the crime of this case, and there is no record of criminal punishment other than a fine prior to and once.

The defendant committed a somewhat contingent crime while suffering from symptoms, symptoms, etc., and immediately after the crime, 119 telephone to get the victim to be treated, and the health of the victim seems to have been considerably recovered.

After the instant case, the Defendant divorced from the victim, and the Daegu rendered conciliation that the Defendant and the victim divorced in the case of 2015 Dr. Kim Jong-cheon support 2765.

It seems that the victim made efforts to recover damage, such as additional payment of the license transfer price of private taxi transportation business 100 million won, in the absence of 200 million or more accounts deposited by the victim.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unreasonable.

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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