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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.08.12 2016노1585
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The judgment of the court below which found the defendant guilty of attempted murder of this case against the defendant, even though the defendant did not have had the intention to murder, is erroneous in the misapprehension of the legal principles as to the defendant, which affected the judgment.

The sentencing of the court below's improper sentencing (five years of suspended sentence in imprisonment with labor for three years) is too unreasonable.

The above sentencing of the court below by the public prosecutor is too unfortunate and unfair.

Judgment

As to the Defendant’s assertion of fact, the lower court also asserted this part of the grounds for appeal, and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. In other words, ① the Defendant had made an appraisal by drinking the victim, and had a knife with a knife at the main point, and had a knife with a knife at a very high level. ② The knife (35 cm in length, 23 cm in length) taken by the Defendant had a knife enough to kill another according to its usage. ③ The Defendant had a knife the knife with a knife and the victim with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k knif k, k knif k k k.

Since we look at the defendant, the defendant will be guilty of murder.

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