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(영문) 서울고등법원 2019.07.11 2019노1120
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of imprisonment, confiscation) is too unreasonable.

2. The Defendant recognized the instant crime and reflected his mistake.

The crime was committed in the course of attempted crime, and the degree of injury suffered by the victim is relatively minor.

The victim, who had livedd with the defendant at the time of the crime of this case, submitted a new written application for a prior action against the defendant to the court below.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances seems to have fully taken into account all the facts alleged by the Defendant in the original trial or the lower court’s punishment against the Defendant.

The above circumstances and the judgment of the court below stated in the "decision on the sentence" of the crime of this case, although the defendant was punished by a fine by inflicting bodily injury on the same victim during the suspension of the execution of imprisonment and knife knife the same victim, the defendant again committed the crime of this case intending to kill the victim by sknife the body of the victim, and even at night prior to the day of the crime of this case, the victim was placed at the defendant's office under the protection of the police officer called the victim who attempted to assault the victim. The defendant was sent to the victim by telephone, and then the victim was sent to the victim's home, and then the crime of this case was committed in this case. The defendant was tried to threaten another person to put him knife during the suspension of the execution of imprisonment, around April 2013. Considering the following circumstances, the court below's reasonable sentencing criteria and its reasonable sentencing criteria are determined by the Criminal Procedure Committee, including the defendant's age, character and conduct, relation with the victim, motive for the crime, etc.

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