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(영문) 서울고등법원 2016.09.28 2016노2401
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below to the defendant (five years of imprisonment and confiscation) is too unreasonable.

2. The instant crime is determined by the following: (a) the Defendant prepared a kitchen knife in preparation for the commission of the crime and found the kitchen knife in the hospital where the victim works; and (b) the Defendant tried to kill the victim by taking the body of the victim with the kitchen knife; (c) the Defendant prepared the crime in advance; and (d) the details and the method of the crime; and (c) the risk of the act is heavy and the nature of the crime is not good.

I seem to appear.

Although the victim was physically injured, the defendant's act seems to have suffered considerable mental shock.

Such circumstances are disadvantageous to the defendant.

However, the Defendant has no record of criminal punishment for a relatively long time, and there is no history of criminal punishment for the Defendant to recognize his/her mistake and reflect his/her depth, the degree of injury suffered by the victim is not limited, and the victim and the employees of many hospitals have reached a mutual agreement with the victim for the first time, and the victim and the employees of a large number of hospital wanted to leave the Defendant’s wife, and the family members and arbits of the Defendant also maintain a social ties relationship normally, such as the Defendant’s desire to take the Defendant’s wife.

The fact that it appears is favorable to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the character and conduct of the defendant, the environment, and the circumstances after the crime, the sentence imposed by the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Judgment which is used again] Summary of facts constituting a crime and evidence shall be the court.

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