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(영문) 부산고등법원 2017.12.20 2017노525
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One knife knife (No. 1) seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found the Defendant guilty of the charge of attempted murder of this case even though he did not have any idea of murdering the victim at the time of committing the crime. In so doing, the lower court erred by misapprehending the legal doctrine

2) The judgment of the court below which did not recognize that the Defendant was under the influence of alcohol at the time of committing the crime, but did not recognize it as having been in a state of mental or physical loss or mental weakness.

3) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same in the lower court.

2) On the grounds indicated in its reasoning, the lower court rejected the Defendant’s assertion and found the Defendant guilty of the charge of attempted murder of this case on the grounds that the Defendant committed the crime with the permission of the Defendant, which was aware, or could have been predicted, that the victim could die by the Defendant’s act at the time of committing the crime.

3) Examining the reasoning of the lower judgment in light of the evidence duly admitted and investigated, the lower court’s determination that the charge of attempted murder of this case was found guilty on the grounds as stated in its reasoning is justifiable and did not err by misapprehending the legal doctrine.

Defendant’s assertion is without merit.

B. According to the record as to the assertion of misunderstanding of legal principles, even though the defendant was in a state of drinking alcohol at the time of committing the crime, the defendant was deemed to have no or weak ability to discern things or make decisions, considering the motive, circumstance, means and method of the crime in this case, the behavior and circumstances of the defendant before and after committing the crime, which was duly adopted and investigated by the evidence by the court below.

is not recognized.

- to the same purport.

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