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(영문) 부산고등법원 2020.12.10 2020노481
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant filed a 112 report immediately after the commission of the crime, the use of excess in the form of a knife, which is not a knife, and the knife is not concentrated on the chest near the knife or the heart, it should be deemed that the Defendant had no intention to murder.

Nevertheless, the judgment of the court below which held the defendant guilty of willful negligence as to murder is erroneous.

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

2. Determination

A. The Defendant asserted the same purport as this part of the grounds for appeal in the lower court’s determination of mistake of facts.

In regard to this, the court below determined through the evidence as follows: (a) deadly weapons used in the crime of this case fall under dangerous articles that can easily injure a person by knife knife 13 cm in length, approximately 23 cm in total length; (b) the victim was under the influence of alcohol at the time, so he was under the influence of sofing so that he could not have any physical resistance ability; (c) the victim was under the influence of alcohol; (d) the victim was flife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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