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(영문) 서울고등법원 2019.05.03 2019노318

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

except that for the period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant’s salving of the victim by stringing the victim by salving the victim’s salvaging the victim at the time of the instant case. However, in the situation where there was a dispute with the victim while salving the victim, the victim did not have any intention to kill the victim. 2) Even if salving the victim’s salvaging the victim’s salving act, the Defendant constitutes an attempted crime since salving the victim’s salvbling act, even if it was acknowledged that the victim

B. The lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is a de facto marital relationship living together with the victim B (V, 47 years of age) for about nine years.

From around 2015 to 2018, the Defendant received management from the female juvenile department of the Incheon Michuhol Police Station, Incheon Michuhol Police Station, due to the risk of recurrence of domestic violence, and was charged three times due to the victim's assault charges. On September 2018, the victim filed an application for the prohibition of access to the Incheon Family Court.

As the Defendant is of a large and multilateral nature, the victim was found in the restaurant in which he works as an employee, and the victim spawndddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

On October 4, 2018, at the inside of the Michuhol-gu Incheon Metropolitan City C Apartment D on October 4, 2018, the Defendant, along with the victim, did not avoid the wind with other people in the process of drinking alcohol and drinking alcohol with the victim.

Accordingly, the defendant, who is in mind of murdering the victim, and sprinkling two strings of the strings in the dwelling room, connected each other with each other.