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(영문) 서울고등법원 2015.03.19 2014노3660
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the defendant of the attempted murder on the ground that it is not sufficient to recognize that the defendant had the intention of murder in light of the motive and the defendant's various actions at the time. Thus, the judgment of the court below which acquitted the defendant of the attempted murder on the grounds that there is insufficient reason to acknowledge that the defendant had the intention of murder

B. The lower court’s sentencing (three years of imprisonment, four years of suspended execution, four years of probation, community service, 200 hours of imprisonment) is too uneasy and unreasonable.

2. Judgment on the assertion of mistake of facts

A. Of the facts charged regarding the Defendant’s attempted murder in the instant charges, the Defendant: (a) checked the victims’ desire to murder; (b) checked, around 06:0 on June 9, 2013, around 102 and 1104, the victims were living temporarily in other rooms in a state where they promised to hedge with the victims D and D around May 2013; (c) discovered the victims’ friendly arrest victim F (e.g., 32 years of age) from the room; and (d) tried to kill the victims during the absence of the victim’s belief; and (d) confirmed that the victims had been diving; and (e) the victims were forced to kill with the victims by entering a two-way, leaving the victims’ lock and leaving the knife and leaving the knife, and without having the victims died of the knife, the victims were forced to kill the victims without being able to spatched with the knife, and without having the victims died.

B. The lower court’s judgment is as follows.

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