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(영문) 대구고등법원 2020.04.22 2019노548
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the occurrence of mistake or misunderstanding of legal principles, the defendant had no intention to kill the victim, although he had injured the victim's body.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the Defendant’s assertion and found the Defendant guilty by taking account of the evidence duly admitted and examined.

The court below may find out the following circumstances as evidence duly adopted and investigated by the court below. ① The criminal tools used by the defendant continued to attack the victim, i.e., (i) the knive length of the knives used in cutting the bones, such as living or landing, reaches 20cc; (ii) the knive length of the knives is so short that it may cause fatal harm to the human body because of the knives; (iii) the knives of the defendant attacked by the above knives are very large enough to cause death or fatal injury to the human body; and (iv) the defendant tried to attack the victim by taking advantage of the knives of the knives of the victim who was in the state of knives and knives and knives of the victim at the time of committing the crime; and (v) the victim did not suffer injury to the victim's face after taking full account of the fact that there is no possibility that the victim suffered injury to the defendant's body in Busan, including Busan Hospital.

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