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(영문) 서울고등법원 (춘천) 2013.11.20 2013노177
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below acquitted the victim of the charges of this case on the ground that the statement made by the police of the victim was very specific, and thus, it could be sufficiently convicted of the charges of this case.

2. Determination

A. The summary of the facts charged in the instant case was that the victim C (here, 50 years of age) who was in de facto marital relationship was able to have the Defendant’s husband as her husband and neglected his will.

The defendant and the victim left the atmosphere straw, but around 16:30 on May 18, 2013, the defendant and the victim wanted to look back again within the Egambling House D located in Gangseocheon-gun, Gangwon-do.

However, while the victim was travelling, the victim took out a travel, and, on the ground that the defendant does not help the defendant to prepare food, "I will see the husband of South Korea to go out of the camping, and I will d. I will do so if I want to do so, I will not see. I will do so. I will d. I will do so. I will d. I will d. I will do so. I will d. I will d. I will d. I will d. I will do so. I will d. I

The defendant thought that he did not participate in the strokeing of the victim and stroke the victim.

The defendant tried to murder the victim's neck for about 2 minutes, while the victim, who was seated next to the above time and at the above place, is unsatisfing so far so long as it is difficult for the victim to satisfing, and satisfing on the back of the satisf. The victim satf." The victim satf., " dead, dead, and dead satf............" However, the victim tried to kill the victim by satfing the victim's satf., but the defendant was satfing the victim's sexual flag by satfing the victim's satf., and the victim did not escape at the place and did not commit an attempted crime

B. On the following grounds, the lower court acquitted the Defendant on the ground that the instant facts charged constituted a case where there is no proof of crime.

1. Relevant.

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