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(영문) 광주고등법원 (전주) 2019.08.27 2019노112
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Considering the fact that the Defendant did not find the victim as a plan to kill the victim of the crime of attempted murder of this case from the beginning, and that the Defendant made efforts to recover the damage, but the Defendant’s efforts to completely refuse to do so on the part of the victim, the sentence of the lower court sentenced to 7 years of imprisonment is too unreasonable.

Judgment

The fact that the defendant generally acknowledges and reflects the crime of this case, that the family members and branch members of the defendant want to take the defendant's preference, and that the defendant's previous convictions are only punished by a fine is favorable to the defendant.

On the other hand, in light of the circumstances where the defendant had known the victim C's head at work time and place of work in the apartment house to prevent his body from being exposed to CCTV inside the apartment house, he can be seen as planned to commit the crime of this case in light of the fact that the victim C was waiting for the elevator immediately after the death of his mother and mast, and that the defendant started to get his head from the back immediately after the death of his head, and the defendant attempted to kill C by 15 times more than 3 to 4 times again after the victim's head was escaped and returned back again, and 3 to 4 times again the victim's head was already used, and the defendant committed violence by the victim G, a resident of the apartment house, while her escape. The victim C suffered serious injury by the crime of this case, such as a large amount of blood transfusion and hair, and caused severe injury to his family members, together with his will to punish the defendant, and the defendant did not recover the damage to G by the appellate court.

As above, the sentencing circumstances presented by the lower court, including the circumstances favorable to the Defendant, and the age, character, character, environment, and motive and motive of the crime.

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