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(영문) 서울고등법원 2018.07.05 2018노1245
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below (for a period of four years of imprisonment, confiscation) is too unfasible and unfair.

2. Examining the lower court’s sentence against the Defendant based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and means of crime and consequence, etc.; (b) the conditions for sentencing specified in Article 51 of the Criminal Act as well as the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, such as the circumstances after the crime; and (c) it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that the Defendant is deemed to have exceeded the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s assertion cannot be accepted.

[Unfavorable circumstances] Each of the instant crimes committed committed by the Defendant, on the ground that the Defendant was notified of dismissal, assaults security guards on the ground that the Defendant was dismissed, repeats the management office and security room, and repeatedly damages the house in the guard room, and leads to the Defendant’s attempted attempted murder by a knife. In light of the details and methods of the crime, the risk of the commission of the crime, the degree of damage, etc., the nature of the crime is not very good.

Not only has been recovered from the victims, but also have not been used by the victims.

[The favorable circumstances] The defendant shows his attitude to recognize his mistake and reflect in depth.

The crime of attempted murder of this case was committed in the course of attempted murder, and the situation of victim E also did not reach the extent of seriousness.

The defendant has no past record of criminal punishment heavier than the suspension of the execution of imprisonment (after being punished by a fine of KRW 300,000 as a result of the violation of the Punishment of Violences, etc. Act on April 18, 201, there is no past record of criminal punishment). 3. The appeal by the prosecutor is with merit.

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