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(영문) 서울고등법원 2020.10.23 2020노792

살인미수등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

The seized knife (35cm).

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

A) In the event of the instant case, the Defendant did not have any intention to murder at the time of misunderstanding of facts and violation of laws and regulations (as to the instant facts charged).

Even if the murder had been intentional, the murder had been committed.

Even if the defendant gets a knife and did not cause the result because the knife was missing at the time of attack against the victim D, so the crime of attempted murder of the victim D constitutes an impossible attempted crime.

Nevertheless, the judgment of the court below which found the Defendant guilty of attempted murder among the facts charged of this case is erroneous in the misapprehension and application of the relevant statutes, thereby affecting the conclusion of the judgment.

B) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one year of confiscation) is too unlimited and unreasonable. 2) The lower court’s sentence is too unreasonable and unreasonable.

B. The part of the case requesting attachment order (the defendant) is unreasonable to order the defendant to attach an electronic tracking device for ten years even though it is difficult to deem that the defendant is likely to recommit the murder crime, and to impose the order.

2. Determination on the defendant's case

A. As to the Defendant’s assertion of mistake of facts and violation of law, the lower court determined that, in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated, the Defendant had the intent to kill the victims, on the ground that the Defendant was aware or predicted of the possibility or risk of the victims’ death due to his own act, but committed each crime listed in paragraph (2) of the facts constituting the crime in the lower judgment.

(1) After there was a dispute with the victim D, the Defendant prepared two knife knife and visited the PC room, which is the place of the crime, again, and the Defendant.