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(영문) 서울고등법원 2018.05.15 2017노3593

살인미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s mistake: The Defendant and the person requesting the attachment order (hereinafter “Defendant”) did not have the intent to murder the Victim F, and the Defendant’s knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) died.

In such a manner, the Defendant was guilty of murdering the Victim F.

The judgment of the court below is erroneous in finding facts.

2) Sentencing: The sentence of the lower court (a life imprisonment) is too unreasonable.

B. As above, the part of the claim for attachment order cannot be recognized with respect to murdering with the victim F during the facts constituting the cause for the attachment order request.

2. Determination

A. 1) As to the part of the Defendant case, the Defendant asserted that the Defendant’s misunderstanding of the facts was identical to the Defendant’s assertion, and the Defendant denied the Defendant’s homicide as to the Defendant F.

As to this, the lower court: ① that the Defendant wishes to die the victim F; and

The fact that it seems that the defendant had extreme labor force appraisal to the extent that he would speak, ② the defendant appears to have prepared the blades and knife for the purpose of committing the crime, ③ the defendant led the placement on the day of the crime and planned the location of the victims to implement the crime of this case. ④ Of the persons in the field of the case, H, the victim F, told the defendant and pushed the defendant.

Although the victim F stated, the victim F stated by H refers to the defendant's defense or response against the defendant's act to cover the victim F in a knife in the left hand.