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(영문) 서울고등법원 2016.07.22 2016노551
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts and attempted murder No. 2 in the judgment of the court below, the court below erred by misapprehending the legal principles as follows or by misapprehending the legal principles, which affected the conclusion of the judgment.

① The lower court determined that “the Defendant was at the victim’s seat of the container and thereby was at the victim’s price.”

“Although the Defendant recognized that he was the victim, the Defendant found the lost mobile phone at the time of the assault case as set forth in paragraph (1) of the lower judgment and returned to the site of the instant case, and the victim, first of all, prices the victim by cutting the Defendant’s interest and his net value.

(2) The defendant did not have the intention to murder the victim.

B. The sentence of the lower court’s unfair sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles

1. A. (1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion (1), the fact that the Defendant, at the time of committing the crime of attempted murder, entered the victim’s accommodation with a view to committing the crime of murder, and was at the victim’s price.

G operator L who observed before the defendant and M entered the victim's container accommodation in the phone call with the investigator of the prosecution, "The defendant has been subject to apology to the victim even after the defendant first hedginged by the defendant.

The defendant and his/her relative to the victim's accommodation towards the victim's accommodation is between the victim's accommodation, and there was no statement that the defendant caused his/her mobile phone.

It is not known whether the defendant had a mobile phone at the time, and if he has found a mobile phone, it is not understood that it would be between the victim's accommodation due to his own son's reasons.

“The statement was made to the effect that “........”

L's above statements are Gro to find out lost mobile phones.

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