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(영문) 수원고등법원 2021.01.13 2020노706

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Fact-misunderstanding, mental or physical weakness, and unfair sentencing;

A. Fact-misunderstanding that the defendant knife knife knife the victim, but the defendant merely knife the knife in the knife for the purpose of defense in mind that the victim knife knife knife knife knife knife knife knife knife knife knife knife knife, and that the defendant knife knife knife knife knife and knife knife knife knif

However, the lower court erred by misapprehending the legal doctrine regarding the Defendant’s murder.

B. The Defendant, under the influence of alcohol, committed the instant crime in a state of mental and physical weakness.

(c)

The punishment sentenced by the court below (4 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant made the same assertion in the lower court as to the assertion of mistake of facts.

In regard to this, according to evidence, the court below acknowledged the fact that the defendant, while making a talk about divings with the victim about divings, knife the victim's chests and knife for a long time more than three times in total without any body fighting. However, if the above knife knife knife knife knife knife knife knife knife knife knife knife knife, it can be sufficiently predicted that the defendant

Accordingly, the defendant's assertion was rejected.

Examining the reasoning of the lower judgment by comparing it with records, and considering the following circumstances acknowledged by the evidence adopted and examined by the lower court, the lower court’s judgment is justifiable and did not err by misapprehending the facts as alleged in the grounds of appeal, and thus, the Defendant’s objection.