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(영문) 서울고등법원 2015.12.24 2015노2724
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized No. 2 (No. 100 knife) shall be knife.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant, by mistake of facts or misapprehension of legal principles, voluntarily ceased to commit the crime after taking the victim a kitchen knife with the kitchen, the crime of this case constitutes the attempted suspension, the lower court, which did not recognize the attempted suspension, erred by misapprehending the legal principles on the attempted suspension, or by misapprehending the legal principles

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

2. Whether it constitutes an attempted suspension;

A. In a case where an act of commission of a crime is commenced and the act of commission of a crime is suspended at one’s own free will before the crime is completed, if the suspension is not caused by circumstances that obstruct the completion of a crime under general social norms, it constitutes an attempted suspension.

(See Supreme Court Decision 9Do640 delivered on April 13, 1999, etc.). B.

Facts of recognition

According to the evidence duly admitted and examined by the court below, the following facts can be recognized:

1) The Defendant, along with the victim on the day of the instant crime, moved to the victim’s house, but the victim rejected it in full, forced the victim to go to the inside of the Defendant’s house. 2) The Defendant opened the bottom of the kitchen by placing the victim on the floor near the kitchen and opened the kitchen with the victim’s left hand and opened the kitchen at that place with the victim’s seat.

k. A knife knife knife knife knife knife knife knife knife knife knife knife knife knife, but the kitchen knife knife

3) The victim was deprived of knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with the Defendant on the

k. The victim tried to do harm to her kn's kn's kn's kn's kn's kn's kn't.

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