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(영문) 대구고등법원 2018.09.20 2018노283
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (unfair sentencing) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (the part not guilty for the reason: the charge committed by the Defendant, which is the primary charge of murder) that the Defendant had failed to receive wages from the injured party, left the part of the injured party’s head several times by loss of the wooden door, which was prepared in advance, and the victim had defended with his head by hand even though the victim exceeded the floor, and had defended with his head by hand, the victim’s head was continuously taken away by hand, and there was a considerable amount of blood transfusion in the victim’s head. The victim suffered bodily injury, such as double, middle, floor alley, etc., the victim suffered injury by the victim, 68cm in length, diameter, and 3.5cm in length by the Defendant’s use of the crime, and the person’s head can die in several times by hand.

In light of the circumstance and motive of the Defendant’s attack, the body part and degree of the victim’s attack, the degree of injury inflicted by the victim, the shape of the instrument used in the crime, the circumstances of the Defendant’s discontinuance of the crime, etc., such as the Defendant’s attack, not the Defendant’s own stop of the attack against the victim, but the Defendant’s failure to murder the victim at the time of the crime of this case, including the fact that an attack against the victim was interrupted by the neighbors.

I would like to say.

Nevertheless, at the time of committing the instant crime, the lower court sufficiently proven that there was no reasonable doubt that there was the Defendant’s intention to kill the victim.

It is insufficient to see it.

In view of the facts charged, the lower court acquitted the Defendant of attempted murder.

In this judgment of the court below, there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

2) The lower court erred in sentencing.

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