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(영문) 서울고등법원 2013.08.29 2013노2024
살인미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for the attachment order (1) - the Defendant and the respondent for the attachment order (hereinafter “defendants”) are not aware of the fact that the Defendant and the respondent for the attachment order (hereinafter only referred to as “defendants”) have committed a threat to, or assault against, the victim D in the south of Korea on March 14, 2013 due to the purchase of Oralaba, and there is no fact that the Defendant was assaulted by the victim due to drinking and salba.

In addition, at around October 3, 2013, two police officers were found in the house while the defendant spawndd and spawdddddddd about the behavior of the children, and the defendant reported the police officers, but the defendant did not go from the house to the house, and thus, he lost the nature of the defendant while under the influence of alcohol while the defendant spawdddd about the kitchen and spad about the police officers, and it did not spawn the police officers with the mind of killing the police officers.

Nevertheless, the court below found the defendant guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (10 years of imprisonment, confiscation) is too unreasonable.

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

2. Determination on the part of the defendant's case

A. (1) According to the evidence duly admitted and examined by the court below that there was a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) by the defendant's assertion of mistake of facts, the defendant could sufficiently recognize the fact that the defendant was committing an assault against the victim D, who is South and North Korea, while entering into a dispute due to the purchase of son and son. Thus, this part of the defendant's assertion is without merit.

(2) In the case of murder, attempted murder and bodily injury resulting from special obstruction of performance of official duties, the intention of murder does not necessarily require the intention of murder or planned murder, but may result in the death of another person due to his own act.

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