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(영문) 부산고등법원 (창원) 2020.05.20 2020노37
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (4 years of suspended sentence for three years of imprisonment) is too unreasonable.

2. In the judgment of the court below, the defendant recognized the criminal intent of murder which was denied by the court below for the first time, and divided the misunderstanding into a serious mind, the defendant seems to have committed the crime of this case in a contingent situation where he was committed a serious assault from the victim's daily behaviors, and the victim did not have any name such as long-term damage, etc., the victim was her wife by agreement with the defendant, and the defendant did not have any criminal records exceeding the fine, etc. are favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant at a singing point without any justifiable reason when the defendant was assaulted against him, and had a knife knife knife in front of the defendant, and attempted to murder the knife with the knife in front of the defendant while being employed by him, in light of the contents and result of the crime, etc., the responsibility for the crime is heavy; the victim seems to have suffered considerable physical and mental pain due to the crime of this case; the victim's life is the highest legal interest to be protected by the State and society, and the act of infringing upon it with the highest value of the human life is not justified for any reason, and even if the crime was committed, the attempted crime was committed.

Even if there is a need for strict punishment, it is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive and background leading to the instant crime, the means and methods of committing the instant crime, the circumstances after committing the crime, etc., all the sentencing conditions as shown in the instant argument, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s Sentencing Committee (one to half years from June 2), etc., the lower court’s sentence against the Defendant is too unreasonable.

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