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(영문) 서울고등법원 2020.06.18 2020노434
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Aknife knife (No. 1), Akife, seized.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, only committed a knife with the face of the victims, and did not violate or attempt to violate the terms and conditions of the victims.

Since the intention of murder is not recognized for the defendant, the crime of bodily injury resulting from special obstruction of performance of official duties is established and the crime of attempted murder is not established.

B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. 1) The Defendant’s mistake of facts or misapprehension of legal principles does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or predictability is not definite, but it is so-called so-called willful negligence even if it is uncertain (see, e.g., Supreme Court Decision 2008Do507, Mar. 27, 2008). According to the evidence duly adopted and examined by the court below, the Defendant was found to have been aware of the victim’s face at the convenience store near the D police box where the victims work, after requesting the victims to make a false report at the convenience store and waiting the victims before the convenience store, and the victim was able to have been satisfed with the victim’s eye prepared by entering the convenience store after receiving the report, and the victim was satisfed with each victim’s face for a considerable period of time.

Although the victims did not directly receive self-confiscences or their main long-term clothes, at the time, the Defendant had a serious result, even during the process of suppressing the victims.

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