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(영문) 대전고등법원 (청주) 2012.12.27 2012노189
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Compared to the mistake of facts that the defendant knife the victim, there was no intention of the defendant to kill the victim.

B. The lower court’s imprisonment (five years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the defendant puts the chest of the victim with the heart and the major long-term period of time, even if the victim first knife, the defendant knife after cutting the knife, and then puts the victim a knife at least once, even though the defendant knife F was said to be the mother of the defendant at the middle, and the defendant again puts a knife more, due to the defendant's crime, the victim suffered injury, such as "damage to the knife, knife, the right knife, the right knife, the right knife, the damage to the knife at least 4 and 5 knife at the time of the crime." In light of the type of deadly weapons used for the crime of this case, the defendant's intentional assertion in this part of this part is without merit.

B. As to the assertion on unfair sentencing, even though the defendant had made various efforts for the victim by selling his house so that the victim, who is the wife, can actually enter Korea, and instead selling expenses, it seems that the victim would have reached the crime of this case by contingently during the process of disputeing and demanding hedging, and the court below and the trial at the trial at the court below and the trial at the trial at the trial at the trial at the court below and the trial at the trial at the trial, and there is a serious factor for sentencing favorable to the defendant.

However, the defendant tried to kill the chest of the victim by deep knife.

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