(영문) 서울고등법원 2016.05.27 2016노394 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2016.05.27 2016노394

살인미수등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s attempted murder No. 1 as indicated in the lower judgment, the lower court erred by misapprehending the facts as follows, thereby adversely affecting the conclusion of the judgment.

① On July 14, 2015, the lower court acknowledged that the Defendant was at the time of having his head and face of the victim’s head and face by “ drinking” after pushing the victim with his hand, who was demanded from the injured person to go at home. However, the Defendant was at the time of having the victim with “manial floor” rather than “manial”.

② In the lower judgment, the Defendant got off the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, but

In fact, although the Defendant was aware of the fact, the Defendant only sought to reduce the strings to the victim’s strings to “after the strings to the strings of the strings,” there is no fact that the Defendant intended to reduce the victim’s strings to the strings

(3) The judgment of the court below held that the defendant set a string from the floor of the above temporary living room, and that he taken the thrings of the victim's bridge by drinking, and taken the face of the victim by hand.

Although the defendant was recognized, he did not assault the victim after he set the strings.

2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court among the Defendant’s assertion of misunderstanding the Defendant’s facts, the Defendant at the time of the crime was found to have committed the crime with the victim’s “leep” rather than “leep.”

(b) the injured party.

유사 판례

-서울북부지방법원 2016.01.15 2015고합238

-대구고등법원 2016.11.17 2016노398

-인천지방법원 부천지원 2015.04.24 2015고단451

-전주지방법원 군산지원 2015.07.09 2015고합47

-서울고등법원 2016.07.22 2016노551