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(영문) 대구고등법원 2013.11.14 2013노441
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the sentence of the lower court (four years of imprisonment) is too unhued and unreasonable;

2. The Defendant tried to kill the victim of the attempted murder in a kitchen with the kitchen knife of the victim, the right chest, the snife, the snife, the snife, the snife, etc., on several occasions, but attempted to do so, and assault a person in the surrounding area without any particular reason.

In the case of the crime of attempted murder of this case, the method of crime is very dangerous, and the degree of injury suffered by the victim is considered.

Since the defendant did not agree with the victim of the crime of assault in this case, the victim is punished for the defendant.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case, and divided the errors, the defendant does not want the punishment of the defendant in the case of the victim who attempted murder of this case, and the defendant was sentenced several times due to the crime of violation of the Punishment of Violences, etc. Act by 1997, but thereafter, the defendant was sentenced to a suspended sentence in 2003 and was sentenced to a fine in 209.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court within the scope of the recommended sentencing guidelines is too unaffortable and unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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