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(영문) 대전고등법원 2014.10.17 2014노333
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (five years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The crime of this case was committed by the Defendant on the ground that the Defendant neglected his reputation, and was tried to kill the part of the victim’s tolerance, which is highly likely to cause severe harm to the victim. The victim did not have been injured by the crime of this case, but did not endeavor to recover damage. In light of the Defendant’s act of committing the crime of this case against the victim, who was left in advance by the Defendant, who was in an unbrupted condition, brought about an incidental or unbrupted condition, it is difficult to view the Defendant as a crime to defend himself. The Defendant was sentenced to imprisonment for 7 years with prison labor since 49 years old male heads and 2, and it is difficult to see that the Defendant had been punished too much more than 9 times since 1978, taking into account the following factors: (a) the Defendant committed the crime of this case; and (b) it is difficult to see that the Defendant had attempted to repeat the crime of this case, even if she had been punished repeatedly by force from around 1978 to 2013.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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