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(영문) 서울고등법원 2015.03.26 2014노3968
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(ii) Each of the instant crimes committed in a state of mental and physical disability, where the victim was not in possession of a knife, and the victim E did not locked, and even if the victim E was knife in a knife knife with the knife with the knife with the knife while fighting with the victim E, the lower court erred by misapprehending the fact.

3) The sentence of the lower court (over to six years of imprisonment) is too unreasonable.

B. The lower court ordering the attachment of an electronic tracking device, even though it is not probable to re-off the murder crime claiming the attachment order.

2. Determination

A. Defendant case 1) As to the assertion of mistake of facts, the following circumstances revealed through the evidence duly adopted and examined at the court below, namely, ① the victim E was locked at the 8th place of drinking, and the victim E was stated by the police that she had a knife knife knife knife knife knife knife knife knife knife knife knife at the police, ② the Defendant stated at the police that “after the crime, she was faced with a knife knife and knife knife knife knife,” and the prosecution stated that “the victim was knife knife knife knife knife knife knife at the time of the crime.” In light of the fact that the victim’s life and body can be directly connected with the victim’s life at the time of the crime.

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