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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (7 years of imprisonment, confiscation) is so excessive that it is unfair (i.e., that the Defendant was suffering from the pulmonary fear and yellow disorder, and in particular, at the time of committing the crime of attempted murder of this case, the Defendant was in an excessive interest situation due to the victim’s demand by decision, but the Defendant did not have a legitimate reason for appeal as a subsequent assertion after the lapse of the period for filing an appeal.
The Defendant was physically and mentally weak at the time of committing each of the instant crimes in light of the means and methods of each of the instant crimes, the Defendant’s conduct before and after committing each of the instant crimes, and the circumstances after committing each of the instant crimes.
Therefore, the defendant's mental and physical weakness are without merit).B. The prosecutor's sentence of the court below is too unfasible and unfair.
2. We also examine the criminal defendant and the prosecutor's improper arguments in sentencing.
The lower court considered that the Defendant’s attempted murder of this case was committed in knife and knife with the victim’s face, knife, etc. and attempted to cruel murder of the victim, and that the nature and circumstances of the crime are very heavy in light of the applicable criminal law, etc., and that the Defendant has already been subject to criminal punishment more than 10 times including four times of punishment due to violent crimes, etc., as disadvantageous to the Defendant.
On the other hand, the following facts were considered as favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) there was no record of criminal punishment after around 2000; (c) appears to have committed the instant attempted murder; and (d) deposited KRW 10 million in order to recover damage to the victim D.
The above sentencing conditions established by the court below and the defendant's physical and mental health conditions are the third grade disability of hearing delay, and the pulmonary cancer, beer, beer, scopic, scopic, scopic, scopic, renal diseases, pulmonary fears, and scopic disorder, etc. are not considerably good.