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(영문) 광주고등법원 (전주) 2015.04.28 2015노55
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.

2. The Defendant’s crime of this case is intended to kill the victim using excessive amount of dangerous articles, and its criminal intent and nature are very heavy. Therefore, it is inevitable to punish the victim with severe punishment corresponding to his responsibility.

On the other hand, however, there are circumstances that are favorable or considered to the defendant, such as the fact that the defendant led to confession and seriously against the crime of this case and agreed with the victim, that the victim wants the defendant's wife, that it is difficult to see that the defendant tried to kill the victim in a planned manner in light of the circumstances of the crime of this case, that there is no criminal punishment exceeding the fine against the defendant, that the defendant has received several navigation cancer treatments in female type, and that continuous observation and treatment are needed in the future.

In light of the above various circumstances, there is no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the following conditions: Defendant’s age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, method and method of crime, contents and consequence of crime, the conditions of sentencing indicated in the records, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below against Defendant is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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