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(영문) 광주고등법원 (전주) 2020.02.10 2019노220
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the court below's sentence of 10 years imprisonment with prison labor is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.

Judgment

The crime of this case was committed by the defendant while the victim was suspected of being out of prison, and tried to kill the victims in order because it was committed during the dispute with the victim, and the act of infringing the victim's life, which is the highest legal interest protected by the law, and the most dignity value, constitutes a serious crime which is not absolutely acceptable regardless of its reason. The victim B suffered serious damage in a long term and was extremely high risk of death. The defendant tried to kill the victim in a different knife by knife and knife while knifeing the victim's body several times, and tried to kill the victim in a different knife by finding the victim's body, but the victim escaped and attempted to kill the victim in an attempted attempt, but the defendant was not able to use the victim from the victims until the appellate trial, and the defendant was not able to recover from the damage.

On the other hand, the fact that the defendant is recognized as committing a crime in the appellate trial, and the crime against the victim B is likely to have been committed by contingently during the dispute, and all of the crimes of this case are committed by attempted crimes, and the fact that there is no record of criminal punishment against the defendant is favorable to the defendant.

In addition to the fact that there is no particular change in circumstances in relation to the sentencing conditions after the sentence of the lower judgment, the sentence imposed by the lower court is deemed to have exceeded the reasonable scope of discretion, considering comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, including the circumstances favorable to the Defendant, as well as the circumstances favorable to the Defendant.

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