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(영문) 부산고등법원 2021.01.13 2020노512

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized net (Evidence No. 1) and a grandchild (Evidence. 1).

Reasons

1. Summary of grounds for appeal;

A. The summary of the judgment below is that the defendant was hospitalized in the NGE due to traffic accident and received treatment, and the victim ( South and 58 years old) is the director of the administration and administration of the above Council members.

Defendant 1 filed a complaint with the Labor Welfare Service for the payment of industrial accident compensation insurance benefits, along with the documents issued by the above Council member, on the ground that the reason is that the above Council member’s issuance was due to the above Council member’s false diagnosis, etc., and the above Council member’s members filed a lawsuit claiming damages against the president of the above Council member, but lost the court of first instance.

Accordingly, the Defendant was able to kill the above member of the Council, was in possession of one knife, one knife, one knife, and one knife, and had an interview with the victim.

(d) hear the word “......” The above-mentioned knife the knife of the victim who has been prepared in advance from the bank, towards the face of the victim, and the victim has been placed in several times on one hand, and the victim has been pushed the victim with a wall by cutting the knife of the victim’s knife, and the knife in another hand has knife the face of the victim, and knife the knife of the victim’s left knife, knife the knife in the knife, and knife the part of the victim, but the knife was flife.

G The intent is not achieved with the wind, and the victim did not inflict bodily injury on the part of the inner part, which requires approximately three weeks of medical treatment, and the Defendant was indicted as the above facts charged (Attempted murder). The lower court found the Defendant guilty of the facts charged and sentenced the Defendant to forfeiture of tools, such as imprisonment with prison labor for not more than four years and net values prepared for committing a crime.

B. The summary of the grounds for appeal (defendants) is too unreasonable that the above-mentioned punishment (such as imprisonment with prison labor for four years) that the court below decided against the defendant is too unreasonable.

2. Determination

A. The relevant legal doctrine’s sentencing is unfair.