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(영문) 대전고등법원 2015.10.16 2015노423
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized spoch-knife (No. 1) shall be confiscated.

Reasons

Judgment on the Grounds for Appeal

A. Summary of the Reasons for Appeal 1) Defendant 1: The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable and unfair. 2) The lower court’s sentence by the Prosecutor is too uneasible and unreasonable.

B. The Defendant, on the ground that he was assaulted by the victim, purchased a knife in advance and attempted to murder the knife of the victim with that knife.

The knife purchased by the defendant is up to 28 cm in length, and the defendant has reached knife so far so far as there is about 13 cm in depth on the right side of the victim and about 2.5 cm in width.

The victim has undergone an operation to relieve part of the situation due to the occurrence of damage and the escape.

The victim seems to have suffered considerable physical and mental pain due to the crime of this case.

In light of the type of deadly weapons used by the Defendant for the instant crime, the plannedness of the crime, the risk of an attack, the degree of damage, etc., the nature of the crime is very serious.

The punishment (two years of imprisonment) sentenced by the court below to the defendant shall be the person who has significantly escaped from the lower limit of the recommended punishment according to the sentencing guidelines (two years of imprisonment to four months of imprisonment).

In full view of all the sentencing factors indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, the Defendant took advantage of the circumstances favorable to the Defendant, which were expressed by the lower court, and without any justifiable reason, committed the instant crime by brupting the brobbbb in the self-esteem and brupting the body of the victim who was not well aware of the situation where his body is difficult to make any other resistance due to inconvenience, thereby causing the Defendant to commit the instant crime by brupting the brush in the self-esteem, and then causing the Defendant to commit the instant crime by brushing the body of the victim, and there seems to be no hindrance to the life of the victim. The victim was agreed upon with the victim, and the Defendant’s mistake.

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