(영문) 서울고등법원 2014.04.11 2014노403 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.04.11 2014노403

살인미수

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.

one (No. 1), which has been seized, (No. 1);

Reasons

1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) ① There was no intention to murder against the Defendant, and ② The punishment sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant ex officio, the lower court ex officio examined the Defendant’s grounds for appeal. In so doing, the lower court did not err by omitting Article 254 of the Criminal Act on the punishment of attempted murder of this case and applying only Article 250(1) of the Criminal Act on the crime of attempted murder. This constitutes a case where the application of the Act was followed by the application of the Act, thereby affecting the conclusion of the judgment. Therefore, the lower

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this will be examined.

B. As to the Defendant’s assertion of mistake of facts, the court below rejected the Defendant’s assertion of mistake in detail under the title of “determination of the Defendant and his defense counsel’s assertion” in the judgment of the court below, and the court below rejected the Defendant’s assertion of mistake of facts. In addition to ① the Defendant’s face part of the victim’s face with a knife length of 11.5cm only, and the knife is deep enough to cause knife knife and knife knife knife knife knife knife knife, thereby undergoing surgery to remove knife knife on the day of the instant case (police investigation record page 72 to 74 of the police investigation record), ② The Defendant reached the knife knife and knife knife knife knife knife knife.

3. Accordingly, the court below's decision on the grounds of the above ex officio reversal is unfair.

참조조문

-형법 제250조 제1항

-형법 제254조

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