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(영문) 광주고등법원 2014.10.23 2014노287
살인미수등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (five years of imprisonment) is too heavy or unreasonable.

Judgment

Along with the fact that the Defendant committed the instant murder, the Defendant appears to have committed the instant crime under the influence of drinking, and that the Defendant was smoothly agreed with D, the victim of the instant assault, when the Defendant was in a trial.

However, the Defendant already had the record of criminal punishment for several violences, and even though he had been in the period of suspension of the execution due to the injury at the time of the instant case, he attempted to murder the F's f, which is the victim of the attempted murder, in the end of the minor vision at the drinking sp, without any reflection, and attempted to kill the victim of the attempted murder, and the victim was in the state of loss of consciousness for about 12 weeks during the commission of the instant crime, and subsequently suffered serious injury to the extent that physical disorder could be anticipated due to brain damage and nephal damage.

In light of the following facts: (a) the nature of the crime was very significant; (b) the Defendant suffered damage or did not receive a letter from the said victim; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (d) the sentencing guidelines of the Sentencing Committee (one year from April to 11 year), etc. in consideration of various circumstances shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (b) the sentencing guidelines of the Sentencing Committee (one year from

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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