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(영문) 서울고등법원 2017.11.29 2017노2889
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to properly distinguish things or make decisions.

2) The lower court’s unfair sentencing (a three-year imprisonment and confiscation) is too unreasonable.

B. In full view of the motive, circumstance, method of committing the instant crime, the part and degree of the victim’s injury, and the circumstances after the instant crime, it can be acknowledged that the Defendant had committed murder at the time of committing the instant crime.

However, the lower court erred by misapprehending the facts, thereby finding the Defendant not guilty of murdering.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination:

A. According to the evidence of determination as to the Defendant’s mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of the instant crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things at the time of the crime.

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

B. 1) The lower court’s determination on the prosecutor’s assertion of mistake of the facts was proven without reasonable doubt that the evidence submitted by the prosecutor alone had the intent to kill the victim, in light of the following circumstances, etc., which were duly adopted and examined by the lower court, based on the evidence presented by the prosecutor.

It was insufficient to view it, and determined that there was no other evidence to prove it.

A) The Defendant only knife knife knife knife knife knife knife knife knife.

Although the parts of the victim's arms up to the bones, the damage seems not to have been insignificant to the extent that the body was anesthesia after the general anesthesia.

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