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(영문) 서울고등법원 2014.03.21 2013노3034
살인미수
Text

1. The judgment below is reversed.

A defendant shall be punished by imprisonment for five years.

One knife knife (No. 1) shall be seized.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter "defendant") is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

The crime of this case is a result in that the defendant tried to kill the victim's face, clothes, etc. who had no flat face in the knife of 17cc in the knife length from the streets through which the defendant is passing by the public, and it is very poor in the method of crime, and the victim's life was seriously affected by the victim's knife.

In addition to the victim's severe physical and mental suffering due to the crime of this case, it is anticipated that the victim will continue to suffer from mental suffering in the future because he left a deep and broad scarcity in the telegraph, including face, neck, etc. even after treatment.

Considering this point, it is inevitable to make a long-term sentence of detention to the defendant.

However, the Defendant, at the time of committing the instant crime, was assaulted from the victim under the influence of the Escopic Escopia, which is a kind of developmental disorder at the time of committing the instant crime, due to the influence of the Escopic Escopia, etc., which led to the instant crime. The Defendant appears to have committed the instant crime, which led to the Defendant to reflect in depth his wrongness while avoiding the instant crime; the Defendant did not have any history of criminal punishment before committing the instant crime; the Defendant deposited KRW 30 million under the pretext of damage recovery; and as seen thereafter, the Defendant ordered medical treatment and custody to the Defendant at the trial, including the Defendant’s age, character and conduct, and the circumstances after committing the instant crime.

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