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(영문) 대전고등법원 (청주) 2019.08.22 2019노59
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to take advantage of the victim’s intention by threatening the victim with a fishing knife by threatening him, and did not have any intention to kill the victim. 2) The punishment sentenced by the lower court of unfair sentencing (three years of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. 1) The Defendant argued to the same purport, and the lower court acknowledged the following circumstances based on the evidence duly adopted and investigated. In light of this, the lower court determined that, at least, the Defendant had failed to commit murder, on the ground that the Defendant had sufficiently known or predicted the possibility or risk of the death of the victim due to his own act. ① The Defendant purchased a transparent tape for the purpose of fixing the knife to the Defendant’s hand before inducing the victim to the place of crime. ② The Defendant purchased the transparent tape for the purpose of cutting the knife to the Defendant’s hand before inducing the victim to the crime. ② The instant crime of this case is likely to have a person’s life deducted by attack, robbery, and robbery, and there is sufficient possibility of death depending on the degree of damage to the knife, the knife, which is the part of the injury. ③ The Defendant fixed the knife to his own port hand, and the Defendant seems to have committed considerable depth as the victim’s hand over the instant crime.

④ The victim suffered injury from an ordinary trade in a double wall that needs to be treated for five weeks due to the instant crime, resulting in damage to the body from the mouth to the body, and immediately after the occurrence of the instant case, Q Hospital was found to have been unable to perform a surgery and operated at the same time.

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