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(영문) 서울고등법원 2020.04.09 2019노2592
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts as to the victim D’s attempted murder with the victim D’s strong awareness and attempted to kill H, and the Defendant said that the Defendant caused the victim to cut the knife to the victim for the purpose of seeking H. The victim’s own knife and knife the Defendant’s left part of the Defendant’s knife and knife.

Therefore, the defendant selly scarfs against the victim in the course of leaving the knife and resisting the victim's knife with the knife and the knife with the victim's knife.

Nevertheless, the judgment of the court below that convicted the victim D of attempted murder is erroneous in the misapprehension of facts.

B) Although the Defendant attempted to explain the circumstances before and after the victim G at the time of the instant case, he unilaterally collected physical disease from the Defendant and caused the said victim to fight, and the said victim did not have the intent to commit murder with the intent to commit murder on the knife on the knife, which was used in his hand without any intention in the process. Nevertheless, the lower court’s judgment convicting the Defendant of the charge of attempted murder against the victim G was erroneous and erroneous. 2. The lower court erred by misapprehending the fact that the lower court sentenced the Defendant to an unreasonable sentencing sentence (six years of imprisonment).

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. In the crime of attempted murder of the relevant legal doctrine, the intentional act includes the perception or prediction of the possibility or risk of causing death to another person, and the perception or prediction of the intentional act is recognized even if it becomes uncertain.

In addition, whether the defendant was guilty of murder at the time of committing the crime, the background leading up to the crime and the crime.

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