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(영문) 서울고등법원 2015.12.17 2015노2369
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The judgment of the court of first instance that recognized the Defendant’s intentional murder even though the Defendant’s misunderstanding of facts spreads the Victim with a sacrific acid and sacrifies the Victim, but did not have the intention to murder, is erroneous and adversely affected the conclusion of the judgment.

(2) The first sentence on the unfair sentencing of the court of first instance ( Imprisonment with prison labor, three years and six months and confiscation) is too unlimited and unfair.

(b)the sentence of the first instance court for the inspection is too uneasible and unreasonable;

2. Judgment on the defendant's assertion of mistake of facts

A. The judgment of the first instance court was based on the evidence duly adopted and investigated as follows: ① the Defendant has been harming the victim, such as “I will not die and die if I am. I am. I am. I am. am. I am. am. ② The Defendant does not ambling the victim’s cambling, but ambling out the victim’s head, back, shoulder, shoulder, shoulder, etc. of the victim’s head, back, am. I am. ③ The knife length used by the Defendant came about about 16 cm, and it is sufficient to put the victim’s cambia at the time of the crime; ④ the Defendant’s head and the rear part of the part of the part of the part of the Defendant’s knife and the part of the victim’s life were essential to maintain the victim’s life, such as knife the victim’s body and the part of the part of the Defendant’s knife and the part of the victim’s body.

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