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(영문) 부산고등법원(창원) 2020.12.09 2020노197
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, five years of suspended execution, etc.) is too unhued and unfair.

Judgment

The crime of this case was committed by the Defendant due to the Defendant’s failure to obtain debt equivalent to KRW 200 million from the victim, thereby causing economic pressure, and the Defendant attempted to murder the victim’s chest part of the chest with a knife with a knife and attempted to do so. In light of the crime process and the knife with a knife, etc., the criminal liability is not easy, and the victim appears to have suffered considerable physical and mental pain due to the crime of this case, and the victim appears to have suffered considerable physical and mental pain, etc.

On the other hand, the defendant recognized the crime of this case as committing the crime of this case and tried to commit the crime of this case without adding to the act of crime, and prevented him from committing the crime of this case. The crime of this case was committed with self-harm immediately after the crime of this case, and the crime of this case was committed with attempted attempted crime of this case, resulting in no serious injury to the victim (the "serious injury" in the sentencing guidelines established by the Sentencing Commission refers to "where there is a serious disability, serious injury, or injury to a father or a dangerous injury, or additional injury is expected, etc." The "serious injury" refers to the injury "in light of the overall contents about the meaning of "the special injury" and "the purport of designating the special person as a special person." The victim stated that he was responsible for causing the crime of this case to be committed because he did not meet his obligation, and the defendant did not want the punishment of the defendant, and the crime of this case was committed with the victim and the victim of this case, and the defendant did not have any social relation with the victim and the defendant under the Road Traffic Act.

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