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(영문) 서울고등법원 2019.06.14 2019노882

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Summary of Grounds for Appeal

The Defendant, at the time of the instant case, tried to kill the victim, but did not intend to kill the victim.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

On September 9, 2018, the summary of the facts charged regarding the Defendant’s assertion of mistake of facts was received from the victim E (36 years of age) who was under the influence of alcohol while under the influence of alcohol in the Defendant’s residence of Yangcheon-gu Seoul Bab C, Yangcheon-gu Seoul.

When the Defendant saw that “the Defendant was frighten of noise from the upper floor, and was frightening, without having frighten and frighting theme,” the Defendant her frightened, and the Defendant her frightened, but was rejected by the Defendant, and the Defendant frighted against the victim, the Defendant frighted the victim with the idea that it would be disregarded by the victim. The Defendant frighted the victim, such as “packer with the inner knife, kick, knife, and knife one time.” The Defendant frightd the victim.

Since then, the defendant thought that the victim has continuously caused noise, such as causing the wall walls of the defendant in his residence, and that the defendant has raised trial expenses. In order to take retaliation against this, the defendant has knifed the victim to find a knife and, if knife against it, he had the victim to murder with knife.

피고인은 2018. 9. 11. 04:10경 부엌칼(총 길이 30cm, 칼날 길이 20cm)을 들고 위 고시텔 D호에 있는 피해자의 주거지를 찾아가 피해자에게 “왜 쿵쿵거리냐” 라고 말하고, 피해자는 “쿵쿵댄 적 없다”고 말하며 피고인을 위 D호 방문 앞 복도 쪽으로 밀어내는 등 반항하자 격분하여 피해자를 살해하기로 마음먹고 오른손에 들고 있던 부엌칼로 피해자의 왼쪽 팔 부위, 왼쪽 가슴 부위 등을 여러 차례 찔러 피해자를 살해하려고 하였으나...