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(영문) 광주고등법원 2018.11.29 2018노302
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged the misunderstanding of facts merely brought knife the victim's knife with the intent to fright, and did not have the intent to kill the victim.

In addition, the defendant reported the victim's draft and suspended his act on his own.

Even so, the court below held that the defendant had the intention to murder.

The defendant did not accept the defendant's attempted suspension argument.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

Even so, the lower court determined that the Defendant committed the instant crime in a normal state.

(c)

The punishment of the court below (seven years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted that the aforementioned facts were identical to the assertion of mistake, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake is without merit.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, it is recognized that the Defendant was in a drinking condition at the time of the instant crime, but in light of various circumstances, such as the situation at the time of the instant crime, the background leading up to the instant crime, the method and the Defendant’s behavior before and after the instant crime, it is not deemed that the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

Therefore, the defendant's mental and physical weak argument is without merit.

(c)

The defendant's judgment on the unfair argument of sentencing is minor.

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