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(영문) 부산고등법원 2017.10.12 2017노382

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact-misunderstanding that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

In light of the facts charged in this case, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant (two years and six months, etc. of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant asserted the same purport in the lower court, and the lower court, based on the legal doctrine as indicated in the judgment and the evidence duly admitted, committed the Defendant’s intentional murder.

In view of the facts charged of this case, the lower court convicted the Defendant.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below (in particular, the CDs video materials (copics) and the confessions made by the defendant at the prosecutor's office), the judgment of the court below is just and acceptable, and there is an error of law as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the unfair argument of sentencing, various circumstances unfavorable to the defendant (the crime of this case committed by the defendant is attempted to murder the victim's timber from the behind of the victim due to the same circumstance as the criminal facts stated in the judgment of the court below, and the nature of the crime is very serious in light of the circumstance, contents, means, methods, and results of the crime, and the crime committed by the defendant was concealed, and the victim was aware of the conflict and misunderstanding in the process of election of the chairman of the Trade Union and Labor Relations Adjustment Committee to the effect that the victim would not have any damage.