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(영문) 광주고등법원 (전주) 2018.04.17 2017노182
살인미수등
Text

The judgment below

The guilty portion shall be reversed.

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

The judgment below

part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the guilty part), the Defendant had a knife victim’s chest part on one occasion. However, the Defendant was knife in the process of displaying the knife in order to threaten the victim, and the Defendant did not have the intent to murder the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of attempted murder is erroneous and has affected the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of three years, the suspension of execution of four years, the observation of protection, and the community service order 90 hours) is too unreasonable.

B. Prosecutor 1) The victim and husband C, who are the victim and husband, have consistently stated to the effect that they exceeded the victim's identity at an investigative agency, and the court below reversed the statement on the grounds that they are the defendant's family relations in the defendant and thus, the statement at the investigative agency of the victim and C has credibility.

Defendant

In addition, the investigative agency recognized all of the crimes in this part of this part, and the first instance court only disputed only the crime of injury, so the defendant can fully recognize the fact that the defendant has inflicted an injury by harming the victim.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. 1) The judgment of the court below on the Defendant’s assertion of mistake of facts was also disputed with the same purport as the grounds for appeal in this part, and the court below rejected the Defendant’s assertion and found the Defendant guilty of this part of the charges on the grounds of the following circumstances.

① 피고인이 찌른 부위는 급소이고 범행도구인 칼은 칼날 길이 12cm 로 끝이 뾰족 하며 날 카로 웠 다. ② 피고인은 피해자의 우측 가슴 중앙을 찔렀고, 칼날이 약...

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