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(영문) 서울고등법원 2014.11.07 2014노2402
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's imprisonment (four years of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the prosecutor is too uneasible and unreasonable.

2. The instant crime committed by the Defendant, who divorced from C, continued to find the victim’s mother and tried to kill the victim by preparing excessive progress in advance to send text messages, such as the victim’s refusal to meet, is inferior to the context and nature of the crime, and even if considering the actual details of the crime, the Defendant’s body was 6thife, and thus, the Defendant’s liability for the crime cannot be deemed to be less than that of the victim.

However, the defendant seems to seriously reflect the crime; the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

3. Accordingly, the prosecutor's appeal is without merit, and the defendant's appeal is with merit.

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