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(영문) 대구고등법원 2017.03.30 2016노699
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The decision of the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

The Defendant’s intentional murder can be acknowledged in full view of the following: (a) the victim of the inspection consistently stated that the Defendant was frightened by fear of death, and repeatedly committing an act of frightening the victim’s face; (b) the Defendant’s frighten and face price is an exercise of a tangible power sufficient to cause the death; (c) the Defendant’s mere frighting of the Defendant was committed; and (d) the Defendant’s frighting of the victim’s frighten and frighting of the victim; and (c) the Defendant’s frighting of the frighten and frighting of the victim’s face remains

Nevertheless, the lower court rendered a not-guilty verdict on the primary charge of murder, based on the circumstances indicated in its holding. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

On June 9, 2016, when the defendant was on the board of racing D on June 02:26, 2016, the defendant found the victim F (23 years old) who was stopped on the front of the EKa Center, found the victim's face while driving away from the taxi in front of the EKa Center, and confirmed the victim's face, and then the victim was concealed in the studio parking lot located in G in the same city where the victim's residence is located.

At around 02:30 on the same day, the Defendant, within the studio parking lot above the above 02:30 on the same day, sent the victim's neck to the front door of the entrance, prevented the victim from suffering with his left hand, and forced the victim to move out with the vehicle parked at a 5-meter away parking lot from that place.

After that, the defendant is twice the victim's face to the extent that the victim's face can not be hidden, and the victim's face to the extent that the victim's face cannot be hidden.

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