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(영문) 서울고등법원 2013.03.22 2012노4500
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (three years of imprisonment and five years of suspended execution) is too unfased.

2. The circumstances are that the Defendant is disadvantageous to the Defendant, such as: (a) the Defendant attempted to murder the upper left part of the victim’s body in a knife at 5cm or knife; (b) the Defendant attempted to kill the victim’s body in knife; (c) the victim’s life was considerably dangerous; and (d) the two knife cages are well flife; and (c) the Defendant has a number of criminal records, such as

The fact that the defendant reflects his mistake in depth, listens to the desire of the victim who is friendly, and commits a contingent crime due to violence while her children are being protected. During the trial of the court below, the fact that the victim does not want the punishment of the defendant, the victim is moving the defendant's wife, the defendant is suffering from chronic spine disease due to neglect of divorce, and the defendant raises the three children including the baby who suffers from chronic spine disease after divorce.

In addition, various conditions of sentencing, such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, and the sentencing guidelines for the crime of murder [special punishment] of the second type of general motive [the sentencing guidelines] of the crime of murder [the sentencing guidelines set by the Sentencing Commission of the Supreme Court] of the crime of murder of the second type of common motive [the factors of punishment are not punishable, the factors of aggravated punishment are not punishable, and the basic area (the determination of the recommended area] of the crime of murder of the second category [the determination of the recommended area] of the basic area (the scope of 9-13 years) [the scope of the recommended punishment] of the punishment of the crime of murder of the third to 2/3] of 3 years [the scope of the recommended punishment] of 3 to 8 years [the scope of the sentence of suspended sentence of the crime of murder]: the serious injury, the negative reason of punishment, and the positive reason.

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