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(영문) 서울고등법원 2013.06.27 2013노1211
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles made it difficult for the Defendant to feel an intention of murder in a timely manner, and displayed knife at a close distance, and caused a fatal self-harm twice repeatedly in the part directly related to the death, and as a result, serious injury, such as light blood spawn, light blood spawn which requires at least eight weeks of death, and light blood spawn which actually require treatment, which is highly likely to cause death, and as a result, the Defendant was fully aware of the willful negligence of murder against the Defendant, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. (2) The sentence imposed by the lower court on the Defendant of an unreasonable sentencing is unreasonable, i.e., the Defendant’s attempted murder.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that it is difficult to view that the evidence submitted by the prosecutor alone alone proves that the criminal intent to murder beyond the intent to injure the Defendant at the time of the instant crime was insufficient to have been proven to the extent that there is no reasonable doubt, and that there is no other evidence to acknowledge it otherwise. ① The Defendant and B are punishment for the victim and Si expenses as stated in the facts constituting the instant crime in the judgment of the lower court, and the Defendant and B were able to bnd up with the victim and Si expenses in the following process: (a) the Defendant and B were bnd in the upper part of B (b) in the process of bnding up with the bnd (b) and the Defendant’s head was demoted by beer disease; and (c) the Defendant’s circumstance and motive leading up to the instant crime are considered.

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