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(영문) 대전고등법원 2019.10.11 2019노269
살인미수등
Text

The judgment of the court below is reversed.

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

If seized World Cups (Jin Jin), one (No. 6), and one (No. 6);

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment) by the lower court is too heavy;

2. The Defendant, on the grounds of the external appearance of the victim, sought intimidation and attempted to kill the victim.

Although the murder of this case was discovered by the victim and attempted to commit the murder of this case, the Defendant attempted to drink agrochemicals to the victim several times in a planned manner, and in light of the impact of agrochemicals on the body, etc., it cannot be deemed that the risk is low.

The victim seems to have been suffering from considerable anxiety and mental suffering, such as not drinking food at home, after becoming aware that the defendant, who is her husband, was on board a pesticide in food.

The defendant was unable to receive suspicion from the victim.

However, the defendant committed the crime of this case during several years of conflict with the victim due to the external appearance of the victim.

The amount of agrochemicals that the defendant intends to drink to the victim is not less than half of the death volume, and it seems that there was no injury to the victim or no special physical injury.

The defendant seems to have made efforts to faithfully play the role as her husband for over 20 years, such as providing the victim with educational opportunities through marriage with the victim under the age of 15.

From the beginning of the investigation, the Defendant recognized both crimes from the beginning of the investigation to reflect in depth the mistake, and had no record of criminal punishment prior to the instant case.

In addition to these circumstances, considering all the conditions of sentencing as shown in the records, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and the recommended sentencing guidelines presented by the Supreme Court Sentencing Committee, the sentence sentenced by the court below is deemed unfair.

3. Conclusion.

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