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(영문) 대전고등법원 2013.05.22 2013노123
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (five years of imprisonment, No. 1) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. In light of the Defendant’s statement to the investigation agency, which seems that the Defendant used the excessive amount of a deadly weapon to cover the costs of the crime, such as the victim’s chests and necks, etc., and the method and aspects of the crime are very dangerous, and when fighting with the victim is fighting, the Defendant is in possession of excessive for the purpose of knife with a knife for the purpose of the crime, and that the Defendant did not reply to the crime, there is a tendency for violence and human life

As a result, the victim suffered from the core of the core which is accompanied by the damage to the land on the part of the neck, and the situation of the victim is very heavy, and the possibility of criticism is also very high as an intentional crime.

In addition, even if the defendant committed the crime that led to the case, it is not significant to take into account the significant result as it originated from the minor reason that the victim was the commercial person of the workplace against the defendant.

The Defendant, even before the instant case, was sentenced to a suspended sentence from the court on the ground that he had served as a knife with a knife who had not participated in the knife for the same reasons as this case, but has reached a knife and reached an agreement with the victim, and the Defendant was sentenced to a suspended sentence from the court on the ground that he had reached a knife and reached an agreement with the victim, and the risk of recidivism is also seriously

Therefore, in light of the above circumstances, the Defendant cannot be exempt from heavy punishment.

However, if the defendant causes violence, certain degree of consideration is inherent in the cause of discrimination against foreign workers in the workplace, and the victim has recovered a certain degree of health without sustaining a secret name, and the defendant has been sentenced to punishment for the crime of this case.

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