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(영문) 서울고등법원 2019.10.02 2019노1664
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, which began with the victim's body that began due to minor problems, is attempted to kill the victim in a knife with the wind that knife the knife and knife the knife, and the nature of the crime is not good.

The defendant has been punished for 6 times for violent crimes.

The defendant was unable to receive an application from the victim, and the victim is punished by the defendant.

These points are disadvantageous to the defendant.

However, the Defendant recognized all of the instant crimes and divided his mistake.

It seems that the defendant did not have the intention to kill the victim from the beginning, but it seems that the knife that was at the scene of the crime in his body fighting with a knife contingently.

The victim suffered a flance and flater on board several occasions due to the crime of this case.

All of the records of the defendant examined above are punished by a fine before 2009, and there is no record of punishment until before the crime of this case is committed.

These points are favorable to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and method of committing a crime, and circumstances after committing a crime, etc., the lower court’s punishment against the Defendant cannot be deemed to be too minor or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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