logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2019.01.29 2018노158
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles knife the victim with a knife, but there was no intention to kill the victim. Nevertheless, the lower court recognized attempted murder, and there was an error of misunderstanding of facts or misunderstanding of legal principles. 2) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion that the Defendant had the intent to murder at the time of committing the crime by taking account of the following circumstances in the item “Judgment on the Defendant’s and the defense counsel’s assertion” in

The judgment below

If the reasoning of the court below is compared with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law as alleged by the defendant in the judgment below.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor was based on the victim’s restraint, etc., and the Defendant attempted to kill the victim, such as the victim who had a kitchen knife and a kitchen knife, etc., on several occasions, and tried to kill the victim by over-road knife, etc. during the process of dispute with the victim by drinking alcohol.

In light of the fact that the defendant brought another knife to the first knife and became a knife with another knife, and that there is a very dangerous risk to the criminal law, and that if the knife knife knife knife knife knife knife knife knife knife

The victim is suffering from considerable physical and mental pain in the course of committing the crime by the defendant.

arrow