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(영문) 서울고등법원 2013.03.08 2012노2712
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The excessive one (No. 5) seized shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts did not intend to kill the victim merely because the Defendant attempted to threaten the victim.

(2) At the time of committing the instant crime, the Defendant was in a state of mental health and physical disability, wherein he was found to have been suffering from the 2nd disease.

(3) The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below on the defendant is too unfasible.

2. Determination on the grounds for appeal

A. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts: (i) the defendant, after being abused by the victim, entered the house of the defendant, and discovered the victim's chest by preparing excessive knife and knife by stairs; (ii) the defendant, upon being investigated by the prosecutor, knife and knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife, while knife knife knife knife knife knife knife knife knife knife knife knife knife k.

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