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(영문) 대구고등법원 2019.08.22 2019노298
존속살해미수
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant crime is one of the crimes committed by the Defendant, who is the mother of the victim with excessive degrees, trying to kill the victim with knife three times, and is a pro-humanistic crime.

In particular, the defendant has been sentenced to a fine due to the crime of injury resulting from the injury to the victim, and even though there has been a record of being subject to a provisional protective order against access to the victim, the crime of this case has been committed.

The crime of this case led to the result of the victim's escape from the outside of the ship by suffering from the depth of the victim's three sides, and the victim's damage level was serious due to considerable mental impulse, but the defendant did not take any measures to recover damage.

Family members of the victim are punished for the defendant.

However, when the defendant was in the trial, the defendant recognized the crime of this case and reflects the mistake, and there is no criminal record exceeding the fine.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended punishment according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed to be too appropriate, light, or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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