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(영문) 광주고등법원 (전주) 2019.09.17 2019노142

살인미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A number of seized knife (No. 1) and one knife.

Reasons

Summary of Grounds for Appeal

In the event of a mistake of facts as to the circumstances of the crime of attempted murder, the defendant was only J in the event that he again went to the danran bar, and there was no D.

While the defendant was divided into J and talks, D has entered the bar again, and the defendant seems to see the defendant, so that the talks were defective since the snow goes out of the Arax.

Accordingly, while the Defendant went to the outside of the dran tavern according to D, the Defendant committed the instant crime to defend the victim E and the Defendant by assaulting three times during the dispute with D.

Nevertheless, the judgment of the court below which recognized that the defendant prepared D with respect to a knife and knife, and found D with respect to a knife and knife knife knife knife knife knife knife knife knife knife knife knife from the victim E.

The sentence of the lower court that sentenced the Defendant of an unreasonable sentencing for a period of three and a half years and six months is too unreasonable.

The summary of this part of the facts charged concerning the assertion of mistake of facts is a punishment for a trial on the ground that the Defendant, at around March 8, 2019, 23:14, changed the Defendant to D(40 years of age) who is another customer of the said main shop in the direction of the “C” Masan-si B’s Garan bar located in the next day of the said main shop,

D When the police officers called out were spawd from D and were spawd, they were spawdd from D on March 9, 2019, when the police officers were spawdd from D, they were spawd from D, and were spawd from D to be spawd from the front line of the said main line on March 9, 2019, when they were spawd from the front line of the said main line, and spawd from the back to the front line of the said main line.

The victim E (the 40-year-old) who found D said the Defendant as "the knife knife knife knife", and knife knife knife knife knife, near the heart of the victim, knife knife once.

Accordingly, the defendant tried to kill the victim, but he also tried to do so.