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(영문) 광주고등법원 2018.12.06 2018노364
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (seven years of imprisonment) is too unreasonable.

2. The Defendant continued to bullying a victim living together for one year, and attempted to murder the victim with a knife by intrusion upon the victim’s residence even when the court received a decision to take ad hoc measures such as prohibiting access to the victim.

The victim suffered a large amount of physical damage by suffering from a deep wound in the knnife and knife in the knife, suffered a large amount of physical damage by suffering from severe pain, suffering from stress disorder and depression, etc., and it seems that the defendant still suffers extreme fear and apprehension about the defendant even after being detained.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, environment, motive and background of the instant crime, means and consequence before and after the instant crime, etc., even if considering the following circumstances in light of the circumstances favorable to the Defendant: (a) the Defendant’s mistake is divided; and (b) the Defendant has no record of having been punished beyond the suspended sentence, it does not seem that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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