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(영문) 대전고등법원 2016.08.26 2016노114

살인미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1) Although the Defendant was unable to discern things or make decisions due to his primary activity at the time of the instant crime, the lower court erred by exceeding this and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) Although it is sufficiently recognized that the Defendant had had had intention to murder, the lower court committed a mistake that affected the conclusion of the judgment by misunderstanding the fact, solely for the reasons indicated in its reasoning.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

Judgment

A. As to the Defendant’s mental disorder, the Defendant asserted to the same effect as the lower court.

The court below rejected the defendant's assertion on the ground that the defendant's ability to discern things or make decisions at the time of the crime cannot be seen as lacking in light of the circumstances of the crime of this case, the criminal conduct of the defendant before and after the crime of this case, the behavior of the victim and the defendant immediately after the crime of this case revealed in the statements of the victim and G

2) Examining the reasoning of the lower judgment in comparison with the record, the lower court’s determination is justifiable and acceptable. In so determining, contrary to the allegations by the Defendant or his defense counsel, the lower court erred and adversely affected

subsection (b) of this section.

B. As to the prosecutor’s assertion of mistake of facts, the lower court acknowledged the following circumstances based on the record, namely, ① the Defendant did not intend to murder the victim from the investigative agency to the court below’s court, but denied the intent of murder; ② the victim was injured at a level of 5 cm, 6-7 cm in width and 6-7 cm in width on the right side, etc., but the victim did not inflict an injury on the right side, but the part and degree of the injury cannot be deemed as fatal, and there is no long-term damage.