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(영문) 서울고등법원 2015.03.27 2015노137
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the misunderstanding of facts and the misunderstanding of legal principles, Defendant 1 thought that he suffers from her early illness and that another person would be able to harm her own and carry knife and excessive knife with knife credit, and thus, Defendant 1 did not constitute a crime of violation of the Punishment of Violences, etc. Act (e.g., a crime of unfair sentencing). 2) The sentence of the lower court is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant on the charge of misunderstanding of facts and misunderstanding of legal principles, even though the Defendant was found guilty. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court also acknowledged the fact that the Defendant carried dangerous objects that could be used for crimes prescribed in the Punishment of Violences, etc. Act without justifiable grounds, taking into account the following: (a) considering the type, number, and danger of dangerous objects carried by the Defendant; (b) the period of suspension of execution was the previous conviction indicated in the judgment of the Defendant; and (c) the Defendant was driving a excavation searcher on the victim at the time of the instant case and went to the site of the instant case; and (d) the Defendant carried the dangerous objects that are likely to be used

Examining the evidence legitimately adopted and examined by the court below, the court below's finding that the defendant carried dangerous goods that could be used for an offense provided for in the Punishment of Violences, etc. Act without good cause as the majority opinion of the jury through a participatory trial is just and there is no error of misunderstanding of facts or misunderstanding of legal principles.

B. Decision 1 on the Prosecutor’s misunderstanding of facts and misapprehension of the legal principles ) Summary of the facts charged (the Defendant who attempted to kill) is engaged in usual work at the construction site of the apartment building in front of the Guro-gu Seoul E-building around May 15, 2014.

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