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(영문) 서울고등법원 2018.05.18 2017노3807
살인미수등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles, the Defendant alleged misunderstanding of the facts that the crime of attempted murder of this case originally constituted an attempted crime, but revoked this part of the grounds for appeal on the first trial date ( March 14, 2018) on the ground that the first instance court already reflected in the mitigation of attempted murder in the lower judgment (written grounds for appeal on January 12, 2018).

As to the attempted murder, the defendant did not have the intention to kill the victim.

The Defendant was in possession of a knife for the purpose of threatening the victim, and there was a perception that the victim caused the same parts after having buckbucks one time, but did not match the knife. However, the knife the knife knife in the part that was bucked on the floor.

B. The sentence of sentence of sentence on the first sentence of sentencing (4 years of imprisonment, confiscation) and sentence on the second sentence of sentence (8 months of imprisonment) are excessively unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

The judgment of the court below in the first and second instances against the defendant was rendered and all the defendants appealed, and this court decided to hold a joint hearing of the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is impossible to maintain it as it is.

On the other hand, the judgment of the court below against the defendant is subject to the judgment of this court because the defendant's misunderstanding of the facts and misunderstanding of the legal principles are still subject to the judgment of this court.

3. Judgment on the misunderstanding of the facts and misapprehension of legal principles as to the Defendant’s attempted murder

A. The lower court also asserted the same as the grounds for appeal on this part.

The lower court duly adopted and investigated by the lower court.

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