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(영문) 부산고등법원(창원) 2020.08.19 2020노77
살인미수
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed against the defendant, in light of the body of the defendant's body and the body of the victim's face flag and the body of the face flag, and the body of the victim's face flag, and the body of the victim's face flag, and the body of the victim's face flags the body flag, causing the risk of the victim's death. In light of the contents and circumstances of the crime, etc., the criminal liability is heavy; the defendant has been punished several times as a crime such as injury; and the defendant has been sentenced to suspended sentence

On the other hand, the fact that the defendant acknowledges the crime of this case and repents the mistake, and appears to have reached the crime of this case contingently, and the fact that the victim agreed with the defendant and does not want the punishment of the defendant is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive, means and methods of committing the instant crime, the circumstances after committing the instant crime, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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