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(영문) 서울고등법원 2013.10.04 2013노1918
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal: (a) the lower court’s punishment against the Defendant (two years and six months of imprisonment) is too unfeasible, in light of the fact that the Defendant attempted murder intentionally or planned, and the degree of injury inflicted on the victim was serious.

2. The Defendant’s crime of this case committed the instant crime requires strict punishment for the Defendant, considering the following: (a) the Defendant planned to murder the victim in advance, and attempted to kill the victim by preparing a knife, which is a deadly weapon; (b) the Defendant appears to have suffered considerable mental and physical pain due to the instant crime; and (c) the Defendant did not agree with the victim or take measures to recover from damage.

However, considering comprehensively taking account of the following factors: (a) the Defendant’s death of his/her father and his/her father appears to have killed the Defendant’s wife while emotional unstable; (b) the Defendant appears to have committed the instant crime; (c) the Defendant recognized all the instant crime; and (d) the Defendant appears to have waived his/her attempt to repeat the instant crime while doing so until his/her father, and (c) the Defendant had attempted to commit the instant crime; and (d) the degree of the victim’s injury to his/her father was likely to remain plehy; (b) the Defendant was an initial offender with no record of criminal punishment; and (c) all the sentencing conditions revealed in the argument of the instant case, such as the Defendant’s age, character and conduct, and criminal records, etc., the Defendant’s punishment against the Defendant is too unreasonable.

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

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