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(영문) 서울고등법원 2015.07.03 2015노358

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

In light of the fact-finding and misunderstanding of legal principles (public prosecutor) that the Defendant fixed the knife to his hand with his pressure, and then put his knife his knife with his knife, such as the victim’s side knife and knife, and in particular, the knife part of the side knife was a part that can be knife with his knife with his knife with his knife with his knife with the

Nevertheless, the lower court acquitted this part of the facts charged.

A person with mental disability (the defendant) shall be mitigated from punishment for the defendant, since he was in a state of mental disability due to excessive drinking and public condition at the time of the crime in this case.

The sentencing of the court below (two years of imprisonment) on the basis of an unreasonable sentencing (the defendant, the prosecutor) is too unreasonable.

(1) On the contrary, the above sentencing is too unfortunate and unfair.

(2) The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is based on the following circumstances, which are duly adopted and investigated by the court below, i.e., ① the defendant does not prepare a knife to kill the victim at the site; ② the victim’s upper part and the degree of the crime were considerably contingent; ② the victim’s injury and the degree were not serious due to the open upper part of the knife which require treatment for about two weeks (if the victim is sent back to the hospital, it appears that the police officer’s knife would go through the house). ③ The relation between the defendant and the victim (the person in charge was living together) and the defendant’s circumstances after the crime committed violence to the victim; and whether the police officer reported the victim to the victim after the crime.”