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(영문) 대전고등법원 (청주) 2014.02.06 2014노6
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years and six months of imprisonment, and three years of suspended execution) against the Defendant is deemed too unhued and unreasonable.

2. The Defendant committed the instant crime in light of the following: (a) while the Defendant reached a knife, etc. of the victim, who is a main part of the kitchen knife, which is a lethal weapon, directly connected with the life of people; (b) the victim knife in his hand and knife the knife; (c) the victim could have caused serious consequences, such as the loss of the brue, etc., of the brue

However, the Defendant recognized the instant crime and is in profoundly against the Defendant, and the Defendant committed the instant crime in a contingent manner while temporarily exposing the emotional distress that he has accumulated with the victim, and does not seem to have prepared kitchen knife for the instant crime. The instant crime, which led to the instant crime, did not appear to have been prepared for the purpose of the instant crime. In light of the victim’s father and degree of injury, it is difficult to deem that the Defendant suffered serious injury in health in light of the victim’s condition and degree, and that it is difficult to deem that the Defendant had reached an agreement with the victim by paying 12 million won to the victim and paying 12 million won, and there was no record of criminal punishment exceeding a fine and there was no record of punishment due to violence, and other favorable circumstances such as the Defendant’s age, character, environment, family relationship, means and consequence of the instant crime, various sentencing conditions shown in the records and arguments, the scope of recommendations in accordance with the sentencing guidelines, and the criteria for suspended sentence against the Defendant in accordance with the sentencing guidelines.

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

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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