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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.12.17 2020노668
살인미수
Text

The defendant's appeal is dismissed.

Reasons

The defendant alleged the misunderstanding of facts and the misapprehension of legal principles is under the influence of alcohol and there was no intention to kill the victim.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, which found the Defendant guilty of the facts charged.

Judgment

The Defendant argued to the same effect in the lower court.

On the other hand, the court below rejected the defendant's assertion on the facts charged of this case on the ground that ① the knife used for the crime of this case was a tool sufficient to kill a person according to the method of use, ② the physical part of the defendant's body protecting the important organs, such as the knife and the knife of the knife, and the internal organs, could easily cause serious danger to the life if the knife is knife in the knife, and ③ the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

In light of the evidence duly admitted and examined by the court below, the circumstances revealed by the court below are recognized, and considering the following circumstances acknowledged by the evidence, it is sufficiently recognized that the defendant had had the intention to kill the victim at the time of committing the crime in this case.

The judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles alleged by the defendant.

(1) The defendant is under the influence of alcohol and has no intention to kill the victim.

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