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(영문) 광주고등법원(전주) 2020.11.11 2020노88
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

Reasons

Summary of Grounds for Appeal

The defendant argued that there was a mistake of facts or misunderstanding of legal principles due to the grounds for appeal, but withdrawn from the fourth trial of the trial.

The sentence of the court below (two years of imprisonment, confiscation) is too unreasonable.

Judgment

The crime of this case is committed by the defendant who completed the procedure of conciliation, such as divorce, and tried to kill the victim as his driver, and thus infringing on the human life, which is the highest legal interest protected by the law, and the most dignity of human being, regardless of its reason, constitutes a serious crime which is not absolutely acceptable, regardless of its reason. The crime of this case is inferior in light of the method of the crime of this case and the degree of injury to the victim, and it seems that it is difficult to recover physical suffering and damage suffered by the victim due to the crime of this case is disadvantageous to the defendant.

On the other hand, the defendant filed a lawsuit seeking divorce and compensation for damages against the victim on the grounds of the victim's fault, such as the fact that he/she recognized the crime for the first time in the trial, that he/she is against his/her mistake, that the victim does not want the punishment for the defendant, that he/she committed murder with the victim's attempted crime, and that "the victim withdrawn from around November 2015 and gave birth to his/her baby to his/her baby to his/her ward around 2017". The defendant filed a lawsuit claiming divorce and division of property against the victim. The court in charge of the defendant filed a claim for divorce and division of property against the victim. "The defendant jointly received 17 million won as consolation money from the male living together with the victim, but paid 37 million won as division of property to the victim." As a result, the defendant recommended that he/she would be paid 20 million won to the victim and the defendant living together with the victim in the lawsuit of this case. It appears that it would have reached contingent crime, but it would be paid 15 million won.

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