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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.07.16 2015노1251
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below that found the Defendant guilty of murdering even though the Defendant had no intention to murder the Victim F, there was an error of law by misunderstanding the facts. 2) The sentence of an unreasonable sentencing decision (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. The court below rejected the defendant's assertion in detail under the title of "the defendant and his defense counsel's assertion" as to whether the defendant had the intention to commit murder or not. In addition to the circumstances stated by the court below and the fact that the court below was a participatory trial, and all the seven jurors presented guilty opinion as to the crime of attempted murder, the court below's determination is proper, and the defendant's assertion is not erroneous, and there is no error of misconception of the facts as pointed out by the defendant, and therefore, the defendant's assertion is without merit.

B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance against the Defendant, such as: (a) the Defendant inflicts an injury on the victim G using a passenger car; (b) attempted to murder the victim F with knife and attempted to murder the victim F with knife; and (c) the nature of the relevant crime is not good; (b) the victim F may have lost his life due to the instant crime; and (c) the victims did not recover from damage.

However, the defendant generally reflects his fault, and the crime of this case committed by the victim during the dispute regarding the lease agreement that the defendant concluded with the victims, which the victims had been forced to enforce the restaurant operated by the defendant, was committed contingently, and there is no record of the crime exceeding the fine.

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