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(영문) 대전고등법원 (청주) 2016.12.01 2016노139

살인미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s punishment (two years and six months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (with regard to partial acquittal of reasons), since the defendant intentionally attempted to murder the victim's knife below the victim's knife one time, but did not go against the victim's knife, the charges for attempted murder are sufficiently recognized. 2) The sentence of the court below on unreasonable sentencing is too uneasible and unreasonable.

2. Determination:

A. Examining the facts in light of the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, it is difficult to view that the Defendant, solely on the part of the victim’s injury, proves that the victim intentionally committed the part of the victim’s knife without any reasonable doubt that the victim intentionally committed the part of the victim’s knife with his knife in the process of making the victim’s knife with a consistent knife with a consistent knife. In light of the following: (a) the victim’s knife with the victim’s knife; and (b) the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife.

B. The Defendant’s judgment on the assertion of unfair sentencing is a dispute between the victim and the victim.

In full view of the following circumstances: (a) the Defendant and the Prosecutor have attempted to murder the victim with knife and attempted, and the fact that it seems that the mental or physical suffering suffered therefrom would have occurred; (b) the Defendant agreed smoothly with the victim; and (c) the Defendant has no domestic criminal power; and (d) overall sentencing conditions stated in the argument of the instant case, including the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and circumstances after the commission of the crime, are comprehensively considered.