(영문) 대전고등법원 (청주) 2019.02.14 2018노136

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(영문) 대전고등법원 (청주) 2019.02.14 2018노136

살인미수등

Text

All convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than four years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the lower judgment that found the Defendant guilty of this part of the charges on the grounds as stated in the misconception of facts or misapprehension of legal principles, even though this part of the charges was not established on the grounds of attempted murder, embezzlement, and occupational embezzlement. ① In relation to attempted murder (the first lower judgment), the Defendant did not have any fact that he gets off the part of the victim X’s left head, as stated in this part of the charges, or left the knife on the part of the victim’s chest with the wall of the charge, and there was no intention to commit murder (legal scenario) since the Defendant found the victim in order to follow the victim’s improper treatment of clan work, ② In relation to embezzlement (the second lower judgment’s embezzlement of KRW 34 million as indicated in paragraph (1) of the crime of paragraph (1) of the same Article), the Defendant did not have been aware of the fact that he received the money from each of the Defendant on April 5, 201, and did not have any fact that he received the money from each of the above charges of embezzlement (the lower judgment’s 2000 million won).

B. Prosecutor 1) According to the statement of related persons, such as misunderstanding of facts (not guilty part of the judgment of the court below of the second instance), AA and AC, the court below found the Defendant not guilty of this part of the facts charged even though the Defendant sufficiently recognized the fact that he embezzled 5 million won in the margin of purchase price. 2) Each sentence of the judgment of the court below of unfair sentencing is too uneasible and unfair.

2. We examine ex officio prior to the determination of the Defendant and the Prosecutor’s assertion.

The judgment of the court of first instance and the judgment of second instance against the defendant.

유사 판례

-광주지방법원 2015.09.09 2015노76

-대전고등법원 (청주) 2019.01.24 2018노115

-대구고등법원 2015.11.19 2012노467

-수원지방법원 2019.11.15 2019노4208

-광주고등법원 2015.07.09 2014노43