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(영문) 광주고등법원 2013.11.07 2013노396
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution of intimidation among the facts charged in the instant case, and sentenced the Defendant to four years of imprisonment with prison labor, recognizing the guilty of attempted murder and the charge of extortion.

However, since the defendant filed an appeal only against the guilty portion and the dismissal of the above dismissal part of the judgment of the court below became final and conclusive, the scope of the judgment of this court is limited to

2. Summary of grounds for appeal by the defendant;

A. In the course of misunderstanding of facts or misunderstanding of legal principles, the Defendant only knife the victim’s hand while driving a knife with the victim, but did not have the victim’s intention to murder at the time of committing the crime.

B. The sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

3. Determination

A. (1) The lower court’s determination on the assertion of misunderstanding of facts or misapprehension of legal principles is as follows: (i) the Defendant had threatened the victim several times with the victim who had been pregnant and had been in the past before committing the crime of murder in this case before committing the crime of murder in this case; (ii) the Defendant had prepared to commit the crime in this case before committing the crime of murder in this case, and shown a disguised correspondence and threatened the victim; (iii) the part of the victim’s clothes and clothes prepared in advance by the Defendant several times, and the part of the victim’s clothes, which had been pregnant at the time of the Defendant’s previous preparation, had been sold once again; and (iv) due to the Defendant’s act, the Defendant’s injury, such as the blood clothes, river mouth, river mouth and duplicating damage, etc., which requires treatment for about four weeks in the part of the victim’s clothes; and (v) the Defendant’s right side part of the victim’s right side, which requires treatment in the middle of four weeks.

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