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(영문) 수원고등법원 2020.05.14 2019노626
살인미수
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

one of the seized net values (No. 1).

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, one year of confiscation) is too unreasonable.

2. The judgment of the court below purchased the victim with the intention of killing the victims in advance. After purchasing the victim's automobile with the victim's automobile, the victim's head, etc. was faced with the victim's automobile, the victim's victim's automobile was faced with the victim's automobile head, etc., but the victim C went away with the victim C several times, such as the left shoulder, and the victim's face and face with the loss and scam on several occasions, but the victim was breaded with the victim's attempted crimes. During the process, the victim suffered from the victim's injury such as the victim's escape and scambry, etc., and the victim's injury such as the victim's escape, details and result of the crime in this case's crime, and infringement of the victim's life as the highest legal interest and dignity value that should be protected by the State and society is a serious criminal act that cannot be justified, and even if it had been severely punished, the victim's physical and mental harm and injury need to be punished.

However, the court below denied the defendant's criminal intent of murder in the court below, and the defendant led to the confession of each of the crimes of this case including this in the appellate court, and agreed with the victim C at the investigation stage, and the victim was not punished by the victim B at the appellate court, each of the crimes of this case was attempted, and the defendant went back from North Korea around 2006 after the victim B and the victim B resumed in North Korea around 2003, and settled in the Republic of Korea after escape from North Korea. However, the defendant was heard from the victim C to the effect that the defendant was in an internal relationship with the victim B during May 2019, and the victim was winded even after the death of the defendant.

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