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(영문) 부산고등법원 (창원) 2017.09.06 2017노192
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant explicitly withdrawn the assertion of mental disorder on the first trial date.

The punishment sentenced by the court below against the defendant (20 years of imprisonment) is too unreasonable.

B. Prosecutor 1) It can be sufficiently recognized that the Defendant had intention to kill the Victim F at least twice with knife F at the time of the occurrence of the two knife knife with the victim F at least twice.

Nevertheless, the judgment of the court below which acquitted the victim F of attempted murder, is erroneous in the misapprehension of legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination

A. Prosecutor’s failure to conduct a trial, mistake of facts, and assertion of misunderstanding of legal principles 1) The summary of this part of the facts charged is that the Defendant did not neglect himself/herself while the Victim F was friendly with E and did not interfere with his/her handling.

I thought that I thought that I would like to kill the Victim F along with E.

On April 17, 2017, the Defendant received coffee at the office of the Dongocheon-si D Co., Ltd. A, Ltd., located in Sacheon-si, Sacheon-si.

E and the victim F were discovered and put in the work clothes in the preceding work clothes, and the knife knife knife knife knife knife knife knife knife knife knife knife knife once again knife knife knife knife knife knife knife F, but the knife knife knife knife knife knife knife F, but the knife knife knife knife knife knife knife knife knife F.

2) The lower court’s determination is based on the evidence duly admitted and investigated as follows, namely, the Defendant.

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