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(영문) 서울고등법원 2020.04.09 2019노2672
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.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, confiscation) that the court below sentenced is too unreasonable.

2. The instant crime of this case, which judged the grounds for appeal, tried to murder the victim who resides in the same apartment that had been disputed with the receipt of selective assignment in the remaining previous cases, because the Defendant, who was living in so-called so-called so-called the so-called "so-called post-Tol", was able to kill another person.

In light of the fact that the Defendant pretended to bring a brush into a home box, and planned the victim to do the crime by preparing the kitchen knicker and the victim's house, and the means and methods of the crime are also dangerous, the liability for the crime is not easy.

As a result of the instant crime, the victim suffered from the injury of four weeks of the left-hand balance, which requires four weeks of medical treatment.

Such circumstances are disadvantageous to the defendant.

However, the defendant consistently recognizes the crime from investigative agencies to the court of original trial and the court of appeal, and is living a prison life for a period of not more than seven months, and is living a prison life in depth.

The Defendant attempted to commit suicide in the past due to depression, a certificate of challenge, etc., and committed the instant crime in a series of processes to commit suicide, which may be somewhat considered in terms of the motive and circumstances of the crime.

The defendant is minor to 19 years of age, and there is no criminal power.

In addition, the crime of this case was committed not only through attempted crimes, but also through the process of such defense, the victim was relatively easy to control the defendant as the method of crime was not sealed.

Although the victim got a negoy surgery that requires four weeks of treatment, according to the doctor's opinion on October 7, 2019, the victim's diagnosis after the expiration of the period, there is no limitation on the activities such as negotition or work.

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