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(영문) 서울고등법원 2013.05.23 2013노1213
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The number of seized knife (No. 1), knife, knife.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles that Defendant 1 had the victim’s left left knife with a knife and did not intend to kill the victim, but the court below erred by misunderstanding of facts or misunderstanding of legal principles that recognized the Defendant’s intention to murder, which affected the conclusion of the judgment. 2) The sentence of unfair sentencing (4 years of imprisonment) by the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination:

A. 1) The lower court’s determination on the Defendant’s assertion of mistake or misapprehension of legal doctrine is based on the following circumstances acknowledged by the evidence duly adopted and investigated: (i) the Defendant committed a crime by purchasing a knife in advance before the instant crime; (ii) the knife knife knife used as the tool for the instant crime was considerably knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

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