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(영문) 광주고등법원 2017.10.26 2017노318

살인미수등

Text

Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

Reasons

1. Determination of the misunderstanding of the facts or misapprehension of the legal principles by the defendant and the claimant of the protective observation order

A. The Defendant and the claimant for the order to observe the protective order (hereinafter “Defendant”) found the Defendant guilty of the charge of murdering and attempted to murder, despite the fact that the Defendant and the claimant for the order did not intend to kill the victim on several occasions at the time of heavy mind, the lower court found the Defendant guilty of the charge of attempted murder by misunderstanding the fact.

B. The lower court found the Defendant guilty of the charge that the Defendant attempted to murder the victim, on the grounds of the evidence as indicated in the judgment, such as the written statement by the police against the victim, by entering the victim’s house and leaving approximately two minutes of the victim’s breath, and breath ( approximately 60cm in length, approximately 5cm in diameter, and approximately 5cm in diameter), and returned to the part of the victim’s head and the inner part of the victim, which caused the Defendant’s assault to the police. The lower court found the Defendant guilty of the charge that the Defendant attempted to murder the victim.

In full view of the circumstances revealed in the facts duly admitted and examined by the court below in accordance with the evidence, namely, the contents of the defendant's act by making up about 2 minutes of the victim's neck, the head and inside part of the victim's hair after cutting down the neck, and the escape is the defendant's behavior, the process of the defendant's behavior, which may directly threaten the victim's life, and the defendant's head and inside part of the victim's body that could directly threaten the victim's life. In full view of the circumstances revealed in the evidence duly admitted and examined by the court below, there was an intentional act of murdering the victim.

The judgment of the court below which determined the person is justified.

This part of the defendant's assertion is not accepted.

2. Judgment on the Defendant’s assertion of mental and physical weakness

A. The alleged defendant is entitled to things due to intellectual disability, etc. at the time of committing the crime.