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(영문) 서울고등법원 2017.07.13 2017노443
존속살해미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of attempted murder among the facts charged in this case, despite the fact that the defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

B. The Defendant, on the day of the crime of murdering the existence of the instant case, 3 times at intervals of 2 hours on the new wall, inhaled 300 p.m. on the same day, used approximately 300 p.m. on the same day, attempted suicide by cutting down the rubber lines, and attempted suicide by the method of cutting down. As a result, the Defendant was in a mental and physical weak state due to the lack of the ability to discern things or make decisions at the time of the crime.

(c)

The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport as the assertion of this part of the judgment below, and the court below found the Defendant’s intentional murder by giving a detailed statement on the determination.

In full view of the facts and circumstances as shown in the reasoning of the court below which were duly adopted and investigated by the court below, the judgment of the court below is just, and there is no error of law by misunderstanding facts and affecting the judgment.

Therefore, the defendant's assertion is not accepted.

B. The following facts and circumstances acknowledged based on the above evidence’s determination on the assertion of mental and physical weakness, namely, ① the Defendant inhaled the mainboard from September 15, 2016 to 03:00 to 07:00 on September 15, 2016, which was the day when the Defendant committed a crime of attempted murder of the existence of the instant case, three times at intervals of two hours, and the Defendant attempted suicide by administering approximately 300 p.m. on the same day at the prosecutor’s office.

(2) As to the motive for the crime of attempted murder in the existence of this case in the prosecutor's office, a woman living on the second floor was a nurse working in the hospital, and thus, the hospital.

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