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(영문) 서울고등법원 2013.12.27 2013노2873

살인미수등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The judgment of the court below that recognized the defendant as a crime of attempted murder is erroneous in the misapprehension of the legal principles as to the crime of this case in a state of mental disorder and the defendant was under the influence of alcohol and the crime of this case in a state of mental disorder.

The lower court’s sentencing (six years of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

The sentencing of the lower court against the Defendant by the prosecutor (unfair form of punishment) is too uncomfortable and unfair.

Judgment

The lower court's determination on the Defendant's assertion of misunderstanding the facts is as follows: ① the Defendant enters the F-Packing car containing inflammable substances in empty bottles; ② the Defendant: (a) followed the victim who was under drinking in the F-Packing car while drinking alcohol; and (b) attached the width to the victim; and (c) the Defendant, in mind of committing suicide, she bushes to the victim; and (b) took the victim’s image level and degree (the victim suffered from 19% of the body surface, such as face, ear, ear, shoulder, and arms, and arms; and (c) the Defendant again brought it difficult to accept such assertion by the Defendant from the cafeteria to the outside of the cafeteria; and (d) the Defendant again brought the victim’s name to the outside of the cafeteria; and (d) the Defendant again brought it to the outside of the cafeteria.