logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.06.22 2017노135
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

misunderstanding the substance of the grounds for appeal, or misunderstanding the legal principles, the defendant is the victim D and his mother, the victim F, the victim G, the victim H, and I, who are his father, the victim H, and I, the family members of the victim.

A. The water tank (hereinafter “water tank of this case”) installed near J valley did not put the draft of the facts charged in the instant case into the water tank.

Nevertheless, the court below, however, shall put the Defendant into the water tank of this case the victim's family.

The facts charged in this case were found guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (the imprisonment of two years and six months, and each pesticide confiscated) is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake or misunderstanding of legal principles, the lower court’s finding and determination of facts are justified. In so doing, it did not err by misapprehending the facts or by misapprehending the legal principles as pointed out by the Defendant, thereby adversely affecting the conclusion of the judgment.

Therefore, the defendant's ground of appeal disputing factual mistake is without merit.

[Establishment and location of a water tank] The victim D collected natural water flowing from the valley in 1999 and laid a water tank in the vicinity of the four dial valleys located as far as the 200th radius from the body of the victim D to use it as potable water, etc. The water tank in the water tank in this case is supplied to the defendant and the victim D through pipes connected to the above water tank.

In light of the above location, use, and circumstance of the underground utilities of the water tank, the Defendant and the location of the water tank.

arrow