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(영문) 대구고등법원 2019.07.10 2019노205
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant attempted to murder the victim, who is the former wife of the divorce, and recognized all of the crimes of this case, and reflects the attempted murder.

The defendant agreed with the victim, and the victim has not been punished for the defendant.

However, the crime of this case was committed by the victim who was divorced by the defendant, and was waiting to prepare a knife knife, spacker, spacker, etc. in a planned way on the ground that the victim does not properly pay consolation money, and attempted to kill the victim's face by adding the knife to the victim's face. It is not very good that the crime was committed.

In light of the contents and circumstances of these crimes, it is inevitable to view that the intention of the defendant to kill the victim was conclusive, and the method of the crime is very cruel.

Even though the attempted attempt was limited, the victim could not change his life if he had not reported the 119 report.

The degree of injury suffered by the victim due to the crime of this case and the mental impulses are not weak.

Above all, the Defendant had already been sentenced to the suspension of the execution of a special injury by committing a crime resulting in the injury to the victim and had committed the crime of murder of this case more severe than the nature of the crime without being aware of the fact that he had been under the suspension of the execution.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, and where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect them.

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