beta
(영문) 서울고등법원 2015.01.08 2014노2834

살인미수

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.

The excessive one (No. 1) seized shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts with a knife and attempted to kill the victim, but did not intend to kill the victim, the lower court found the Defendant guilty of committing the attempted murder under the premise that the Defendant had been guilty of murder. Therefore, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

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

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. (1) The judgment of the court below as to the defendant's assertion of mistake of facts was made to the same purport (1). The court below recognized the part of the defendant's wife's personal injury as the defendant's personal injury was actually proved by the following: (1) the defendant was suffering from assault by the victim prior to the instant case; (2) the defendant was suffering from the victim's crypt, "the cryp" and "the cryp" of the victim; (3) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k and k k.

(2) According to the evidence duly examined and adopted by the lower court and the first instance court, the lower court’s determination that the Defendant was guilty of murder is justifiable and acceptable.