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(영문) 서울고등법원 2016.06.16 2015노2662
살인미수등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

29 articles seized (Evidence No. 2).

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s defense counsel was in a state of mental and physical weakness at the time of committing each of the instant crimes in the summary of pleadings submitted after the submission period for the reasons for appeal (as of May 17, 2016).

However, it cannot be a legitimate ground for appeal due to the assertion that was filed after the lapse of the period for submission of the statement of grounds for appeal, and even if ex officio is examined, the defendant was in a state that the defendant lacks the ability to discern things or make decisions at the time of the

Therefore, the defendant's assertion is without merit.

1) The first judgment of the court below (the attempted murder) did not have the possibility of the Defendant’s death, i.e., the intention of murder.

B) The Defendant did not pose a threat to the FX of urban bus drivers, or did not use force against the said drivers, and did not have intended or abused to GA by a public official of the Seodaemun-gu Office, Seodaemun-gu, and even if so, the Defendant was punished by the said public official and the relevant public official.

Even if the above public official's safety accident prevention, maintenance of order, and support for road traffic facilitation, it shall not be deemed to interfere with the above public official

In addition, the Defendant did not take a bath or assault against the medical officer of the Seoul detention center to GC, and did not assault GK by a prison officer of the Seoul detention center.

2) The indictment of the Defendant by misunderstanding the legal principles (the fact that the first instance trial resolution was made by an anti-state organization, etc.) constitutes abuse of the right to prosecute, and the National Security Act is unconstitutional and is not so.

Even if North Korea does not constitute a anti-state organization under the National Security Act.

3) The sentence sentenced by the first instance judgment (12 years of imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal principles (the activity of a semi-state organization, etc.)

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