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(영문) 광주고등법원 (전주) 2015.06.30 2015노90
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In other words, the lower court’s judgment that found the Defendant guilty of attempted murder on the part of the Defendant, even though the Defendant did not have any intention to murder, which affected the conclusion of the judgment by misunderstanding the facts. (ii) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment, three years of suspended execution, three years of probation, and two years of probation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated. ① The kitchen knife used by the defendant as a tool for the crime of this case falls under the deadly weapons that can kill people or injure people by 33 cm in total length, 20 cm in knife length, ② The victim knife on the right side of spine at approximately 45 cm in knife, and its depth reached approximately 2-3 cm in verte, the right side from the skin, and the right side was approximately 1.5-2 cm in verte, ③ the victim was used in the floor immediately after the damage, and the victim was sent to the hospital by 119 first aid, and the victim was able to die in the process of the crime of murder at least 119 first aid, and the victim was guilty of the victim's murder during the investigation.

B. In the judgment of this Court, the intention of murder is not necessarily recognized as the purpose of murder or planned murder, but is likely to cause the death of another person due to his own act.

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