beta
(영문) 대전고등법원 (청주) 2016.12.15 2016노155

살인미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have any intention to commit murder against the Defendant. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. Determination of the lower court on the Defendant’s assertion of mistake of facts 1) The lower court acknowledged the lower court’s determination based on the following circumstances as a whole: (a) the Defendant has cited the improvement in the form of a serious dispute with the victim and F; (b) the victim left the side gate of the victim by displaying the improvement in the side gate between the victim’s defense by hand; and (c) the Defendant’s improvement constitutes a deadly weapon; and in particular, if a person was placed in the part of the first day, he can be surved by survel with him; (c) the victim’s side flaf is located at the location of an important long-term, such as the extension of the victim’s side flaf, the extension of the victim’s flaf; and (d) the victim’s act committed serious injury to the victim and the victim’s blood equivalent to the 36th grade blood at the time of the operation; and (d) the lower court’s determination of facts as to the Defendant’s homicide’s ground and the following facts.

① The Defendant’s spouse made a statement at an investigative agency that “the Defendant was interested but did not take many times,” and the victim and F also stated to the same effect in the original trial court, and the Defendant was working between the investigative agency, but did not take a lot of measures” in light of the fact that “the Defendant stated that he did not take a lot of measures,” etc., at the time of the instant crime.