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(영문) 서울고등법원 2019.10.11 2019노1540
특수상해등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The defendants (e.g., imprisonment with prison labor for 2 years, 8 months, 1 year, 1 year, and 1-B of imprisonment with prison labor for 1 year and 2 years of imprisonment with prison labor for 1 year and 1-B of the decision of the court below for 1 year of imprisonment with prison labor for 1 year and 1 year of confiscation) which the court below

At the time of the crime of this case by mistake of facts against the public prosecutor (defendant B), the defendant had the intention to murder.

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

Judgment

The lower court determined that it was insufficient to view that the evidence submitted by the prosecutor alone sufficient to prove that the Defendant had intention to kill the victim to the extent that there is no reasonable doubt.

Specific reasons are as follows.

① Although the Defendant: (a) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

② The Defendant did not attempt to cause particular harm to the victim after knife the knife in accordance with I’s proposal.

③ The Defendant resisted against the Defendant’s female employees in the news room that he/she works for against the Defendant’s moving to the news room on the part of the victim in the ordinary competition. In the process, the Defendant prepared a knife and displayed it to the victim. In light of the circumstances of the crime, it is difficult to readily conclude that the Defendant had the motive of murdering the victim beyond the knife of the victim.

In light of the reasoning of the lower court’s proper reasoning, the lower court’s fact-finding and determination are based on the evidence duly admitted and investigated by the lower court and the lower court.

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