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(영문) 서울고등법원 2019.05.30 2019노547
살인미수
Text

1. The judgment below is reversed.

2.(a)

A defendant shall be punished by imprisonment for two years.

(b) Two kitchens that have been seized;

Reasons

The gist of the defendant's grounds of appeal is erroneous: The defendant's intention to murder is not just to have the victim face face-to-face, such as the victim's assertion, but to have 2 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

In the beginning, two knife knife knife knife knife knife knife knife knife knife knif

As such, even if the defendant did not do so, the defendant did not have the intention of murder.

The sentence of imprisonment (three years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The summary of the facts charged regarding the Defendant’s ground of appeal for mistake of facts is that the Defendant, from around 2005 to around 2005, was a person who operated a electric source house in the Yeongdeungpo-gu B from October 2014 to the victim C (the age of 43). Since around May 2015, the Defendant entrusted the operation of the victim, who is the representative director of D Co., Ltd. established around May 2015, and the Defendant took care of brain flachising and multiple flachising type treatment.

From September 2017, the Defendant demanded the victim to transfer the operating right to the victim due to the existing debt and tax delinquency, but the victim refused to do so and went through conflict. On June 11, 2018, the Defendant directly operated the enforcement project by dismissing the victim through litigation.

However, the project continued to proceed as it thought, and about 8 billion won has been under stress due to existing debts and taxes in excess of the amount of 8 billion won, etc., the victim was deprived of the money, and the idea that the victim would ignore himself who is not healthy.

In this regard, the defendant was at his own house located in Heung-gu, Young-gu around 02:00 on August 12, 2018.

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