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(영문) 서울고등법원 2018.11.29 2018노1532

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant misunderstanding the knife from the injured party, knife the knife on the part of the injured party’s knife in the process, and knife the knife.

“Wood”, however, the victim caused his body and knife knife his knife.

Therefore, the defendant did not knife the part of the victim's knife with the knife, and did not have the intention of murder.

B. The punishment sentenced by the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant, while recognizing that the victim could die due to his own act at the time of the instant crime, she reached a knife of the victim.

The recognition was recognized.

(1) The victim got to have a dispute with the defendant while drinking together with the defendant, G, etc. on the day of the case, and went to the first place in the investigative agency and the court of original instance.

However, the defendant intending to drive away from her house and the time zone by putting the face, intending to stick the low door to the wall, and knife his own knife against it, and knife the knife in the knife.

“A consistent statement was made to the effect that “...”

② At the time of committing the instant crime, the victim appears to have suffered serious injury, such as flaging of external wounds and flaging of external wounds, due to the Defendant’s assault, etc., in addition to the knife’s injuries.

If the victim who suffered this degree of injury tried to get a knife or threaten the defendant by first knife the knife, it would not be easy for the defendant to take the knife the knife from the damaged person, and there is no defense trace on the defendant's hand or on the knife, and the victim is 2 mnife on the left side of the knife on the knife.