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(영문) 광주고등법원 2013.05.23 2013노131
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s decision on the Defendant’s assertion of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s assertion of unreasonable sentencing is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant voluntarily surrenders himself after the crime of this case, that the defendant agreed with the victim, and that the defendant has a 1st degree brain disease disorder.

On the other hand, the crime of this case is committed against the defendant, since the defendant purchased the knife in advance and moved the victim several times with the knife, and the escape is followed by another person, and the crime of this case is not sufficient to be committed, and the defendant has been punished several times due to violent crimes, etc.

In full view of the aforementioned circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances revealed in the instant pleadings, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable, and the Defendant’s assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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