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(영문) 서울고등법원 2016.06.16 2016노895
살인미수
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of this part of the facts charged on the following grounds: (a) although the Defendant’s assertion (1) was erroneous, the lower court did not err by misapprehending the fact.

(2) At the time of committing the instant crime with mental disorder, the Defendant was unable or weak to discern things or make decisions due to drinking.

(3) The sentence sentenced by the lower court (4 years of imprisonment, confiscation) is too unreasonable.

B. The prosecutor's assertion (1) although the defendant misunderstanding the fact that he attempted to murder the victim C, the court below acquitted the defendant as to this part of the charges by misunderstanding the fact.

(2) The above sentence, which the court below rendered unfair sentencing, is too unhued and unfair.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail on the Defendant’s assertion of mistake as to the Defendant’s facts, based on the same assertion as the grounds for appeal in this part of the lower judgment, and on the premise that “the judgment on the Defendant and the defense counsel’s assertion” was “the judgment on the Defendant and the defense counsel’s assertion.” In line with the record, the lower court’s judgment closely

The judgment of the court below is just, and there is no error by mistake of facts as alleged by the defendant.

B. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a state of drinking alcohol at the time of committing the instant crime, in light of the background, means and methods of the instant crime, and the circumstances after committing the instant crime, etc., which were duly adopted and investigated by the lower court, the Defendant was in a state of having no or weak ability to discern things or make decisions due to drinking

Therefore, the defendant's above assertion is without merit.

(c)

(1) The summary of this part of the facts charged is about the prosecutor's assertion of mistake of facts.

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