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(영문) 대전고등법원 2015.01.30 2014노562

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to kill the victim at the time of the instant case.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the grounds of appeal for mistake of facts or misapprehension of legal principles, the Defendant: (a) around November 2012, when receiving KRW 10 million from the victim C (the age of 38) as investment funds in boiler business, created a security right to his apartment; (b) but thereafter, the project did not proceed according to the plan; (c) there was a conflict between the Defendant and the victim on the documents pertaining to the said security that the victim left to D outside of the instant case with the mind.

On May 23, 2014, around 20:00, the defendant expressed that "the victim gets a phone to the defendant and brought about any security documents", and the defendant expressed a desire to "I am to see why I am, why I am, and why I am." The defendant and the victim decided to talk directly at the "G" office in the "G" office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon on the same day.

The Defendant, as seen above, went through a dispute over a telephone conversation, and took possession of the finger hand (35 cm in total length, 8 cm in length on the day) in his own vehicle, and sought the victim to the “G office” at around 22:30 on the same day.

The Defendant, upon entering the office’s body, listened to the desire of the victim of the Giman Marina, “Saeman,” “Saeman,” “Saman,” and flabed with the victim, she saw the victim as “out-of-the-face,” and she saw the victim’s son who was in possession of the office, she cut the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

The defendant continued to be " shall die," and tried to kill the victim at his/her own price, but the victim.